生态破坏责任及其入法路径

On Ecological Damage Liability and Its Legal Approach

“环境污染和生态破坏责任”这一用语可以兼容“因污染环境、破坏生态造成他人损害的侵权责任”与“生态环境损害赔偿责任”,为我国建立、完善环境责任制度铺就了民事基本法的基础。生态破坏责任兼具公法性质与私法性质。因其受害对象的特殊性、确定责任的复杂性、承担责任的迫切性与艰巨性,故以公法性质的责任为主要内容。其借助民事责任“外壳”的内容在民法典中有所规定,体现了环境时代的《民法典·侵权责任编》为接纳生态破坏责任所做的制度创新。其全面入法,还需要环境法针对生态破坏确立预防责任、监管责任、社会责任,实现环境法与民法的衔接与协调。

The term"liability for environmental pollution and ecological damage"can be compatible with"tort liability for damage caused by environmental pollution and ecological destruction"and"liability for compensation for ecological damage".It lays the foundation of the basic civil law for the establishment and improvement of the environmental liability system in our country.The liability of ecological destruction has the nature of both public law and private law.Because of the particularity of the victimized object,the complexity of determining the responsibility,and the urgency and arduousness of undertaking the responsibility,it takes the liability of the nature of public law as the main content,and it is stipulated in the Civil Code with the help of the content of the"shell"of civil liability.It embodies the system innovation of Tort Liability in the Civil Code in the environmental era to accept the liability for ecological destruction.Its comprehensive legal approach also requires environmental law to establish preventive responsibility,regulatory responsibility and social responsibility for ecological destruction,so as to realize the connection and coordination between environmental law and civil law.