生态损害赔偿与环境公益诉讼的衔接路径探索

Exploration on Connection Path between Ecological Damage Compensation and Environmental Public Litigation

新出台的《生态环境损害赔偿制度改革方案》对生态损害赔偿制度的适用范围界定模糊,与现存环境公益诉讼制度之间缺乏清晰的界限,故在方案试点进行的同时也应当从理论上探索划清两种制度范畴的方法。生态损害赔偿由政府主导,所以应明确《物权法》规定的国家享有所有权的环境资源种类和区域,在此范围内国家有权行使对资源环境的物权,无需社会公益组织的介入,而国家不享有所有权的其他资源则可由环境公益组织提起环境公益诉讼进行保护。如此划分即可避免两种制度适用上的重合,实现社会资源效用的最大化。

The newly released Reform Plan of the Compensation System for Eco-environmental Damage has a vague definition of the applicable scope for ecological damage compensation system, and lacks a clear boundary with the existing environmental public litigation system. Therefore, it is necessary to theoretically explore ways to distinguish the two kinds of institutional categories while carrying out the program pilot. The ecological damage compensation is dominated by the government, so it is necessary to clarify the types and regions of environmental resources that the state enjoys ownership under the Property Law. Within this scope, the state has the right to exercise the real rights of resources and environment without the intervention of social commonweal organizations, while other resources that the state does not enjoy ownership can be protected by environmental commonweal organizations through environmental public litigation. Such division can avoid the overlap in the application of the two systems and maximize the utility of social resources.