生态环境损害赔偿诉讼与环境民事公益诉讼竞合的第三重解法

Nature of the Conflict between Ecological Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation and Its Third Solutions

生态环境损害赔偿诉讼与环境民事公益诉讼之间高度相似,本质上是一种竞合冲突。若一项制度不能有效与其他制度保持区分,终会沦为其他制度的一部分。面对这种竞合冲突,除"序位说""合并说"这种传统解题思路之外,尚有第三重解决方案,即"范围说"。其旨在:从量上,按照一定标准确立和扩展生态环境损害赔偿制度的应然适用范围,摆脱包含与被包含关系的一般认知;从质上,注重彼此分工的确定性和关系的稳定性,防止相互任意扩张各管辖范围,从而最大限度地避免竞合冲突现象的发生。为此应坚持两项标准,分别为:为避免损害发生和防止损害后果扩大,行政机关已经采取合理处置措施的情形;影响国家环境政策明确需重点保护事项的情形。

Eco-environmental damage compensation litigation is highly similar to environmental civil public interest litigation,which is essentially a conflict of competition and cooperation.If one system cannot be effectively distinguished from the other,it will eventually become a part of the other.In the face of this co-opetition conflict,in addition to the traditional problem-solving ideas of"sequence theory"and"merger theory",there is a third solution,namely"scope theory".It means that in terms of quantity,we should establish and expand the scope of application of the ecological environment damage compensation system according to certain standards,and get rid of the general cognition of the relationship between inclusion and being included;From the qualitative point of view,we should pay attention to the certainty of the division of labor and the stability of the relationship,and prevent each other from arbitrarily expanding the scope of jurisdiction,so as to avoid the occurrence of competition and conflict to the greatest extent.To this end,two standards should be adhered to,namely:administrative agencies must take reasonable measures to prevent damage from occurring and prevent the consequences of damage from expanding;Circumstances that affect the state’s environmental policies must be protected.