我国生态环境损害赔偿诉讼之性质再界定

Redefining the Nature of Ecological Environment Damage Compensation Litigation

我国生态环境损害赔偿诉讼的性质不明,源于法律规范的缺失,导致其与环境民事公益诉讼等关联诉讼之间界限模糊,制度功能难以有效发挥。目前,关于生态环境损害赔偿诉讼的性质,众说纷纭,共有六种学说,但各有不足。国务院机构改革之后,生态环境部门、自然资源部门的职责更为明晰,但尚存在不少交叉管理的情形。基于权属性质差异,从诉讼目的角度出发,运用语义分析方法,宜将生态环境(或海洋生态环境)损害赔偿诉讼界定为特殊的环境民事公益诉讼,将自然资源(或海洋自然资源)损害赔偿诉讼界定为国益诉讼,并与国有资产流失、国有土地使用权转让等诉讼一起规范。

The unclear nature of ecological environmental damage compensation litigation is due to the lack of legal norms,which leads to indistinct boundary between it and environmental civil public interest litigation and other related litigation,and it is difficult to perform the function of this system.At present,there are six theories on the nature of the ecological environment damage compensation litigation,but each has its shortcomings.After the institutional reform of the State Council,the responsibilities of the ecological environment department and the natural resources department have become clearer,but there still exists many cross-management.Based on the qualitative difference of rights,from the perspective of the purpose of litigation,with semantic analysis method,this paper proposes to define ecological environment(or marine ecological environment)damage compensation litigation as a special environmental civil public interest litigation,and to define natural resources(or marine natural resources)damages compensation litigation as a national interest litigation,and they are regulated together with litigation such as the loss of state-owned assets and the transfer of state-owned land use rights.