论生态环境损害赔偿诉讼与环境民事公益诉讼之关系定位

On Relationship between Ecological Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation

作为一种新兴的诉讼类型,生态环境损害赔偿诉讼本质上属于环境民事公益诉讼。一方面,该诉讼的双方当事人地位平等且被告不能为行政主体,契合民事诉讼的特征;另一方面,该诉讼所保护的生态环境利益属于公共利益且胜诉之利益由全民共享,契合公益诉讼的特征。鉴于生态环境损害赔偿诉讼与环境民事公益诉讼的上述关系定位,对两者予以规范整合可更好地实现环境保护目的:在起诉资格上,通过立法使前者之原告能被解释为《中华人民共和国民事诉讼法》(以下简称《民事诉讼法》)第五十五条规定的"法律规定的机关";在审判机构上,明确需由环境资源审判庭或指定的专门法庭审理之环境民事公益诉讼的类型案件;在证据规则上,统一对行政机关于执法过程中收集的证据、制作的报告等材料之证据能力进行规范;在责任承担上,应以"修复生态环境"取代"恢复原状"的用语,合理界定修复标准、完善修复方式并明确赔偿范围。

As a new type of litigation,ecological environmental damage compensation litigation essentially belongs to environmental civil public interest litigation. On one hand,the plaintiff and the defendant of the lawsuit are in equal status,and the defendant cannot be a state organ in public law,which conforms to the characteristics of civil lawsuit. On the other hand,the environmental interest protected by the lawsuit is a public interest,and the prevailing interest is shared by the whole people,which conforms to the characteristics of public interest litigation. In view of the positioning of the relationship between ecological environmental damage compensation litigation and environmental civil public interest litigation,the integration of the standards of both litigation can better realize the goal of environmental protection. Specifically,in terms of litigation qualification,plaintiff of the former litigation can be interpreted as the " legally prescribed organ " in Article 55 of the Civil Procedure Law through legislation. In terms of judicial organization,the types of environmental civil public interest litigation cases that need to be heard by environmental resources tribunal or designated special court should be specified. In terms of evidence rules,it is necessary to standardize the evidence ability of the administrative organs during law enforcement involving evidence collecting and reports producing. In terms of liability bearing,the term " restoration" should be replaced by " restoration of the ecological environment",the restoration standard should be reasonably defined,the restoration method should be improved and the scope of compensation should be specified.