生态环境修复责任:性质界定与司法适用——以环境刑事附带民事公益诉讼为分析对象

Responsibility for Ecological Environment Restoration:The Definition of Nature and Judicial Application:Take the Criminal Incidental Civil Public Interest Litigation in Environment as the Analysis Object

生态环境修复责任是造成生态环境损害的主体主动修复受损生态环境,使之恢复至基线状态的一种法律责任承担方式,环境刑事附带民事公益诉讼是维护环境公共利益、救济受损生态环境的重要手段。近年来,虽然环境刑事附带民事公益诉讼案件数量不断增多,但受性质定位不明以及与罚金、没收财产、恢复原状、赔偿损失等责任方式关系不清等因素的制约,生态环境修复责任在该类案件中的适用仍存在一定困境。在环境刑事附带民事公益诉讼中,要正确适用生态环境修复责任,应当打破“刑事优先”的传统司法模式,在正确界定生态环境修复责任性质的基础上,协调好其与罚金、没收财产等刑事责任之间的关系,理顺其与刑事责任的确定次序,厘清其与恢复原状的适用关系,明确其与赔偿损失(包括惩罚性赔偿)的适用顺位。

The responsibility of ecological environmental restoration is a legal method for the subject that causes environmental damage to actively repair and restore it to the baseline state.The Criminal Incidental Civil Public Interest Litigation in environment is an important means to safeguard environmental public interests and remedy the damages.in recent years,although the number of environmental criminal incidental civil public interest litigation cases is increasing,there are still some difficulties in the application of ecological environment restoration liability in such cases due to the unclear nature and orientation and the unclear relationship with the liability methods such as fine,confiscation of property,restitution and compensation for losses.In the environmental criminal incidental civil public interest litigation,to correctly apply the responsibility for ecological environment restoration,we should break the traditional judicial model of"criminal priority",coordinate the relationship between it and criminal responsibilities such as fines and confiscation of property,and rationalize the determination order between it and criminal responsibility on the basis of correctly defining the nature of ecological environment restoration responsibility,Clarify its application relationship with restitution,and clarify its application order with compensation for losses(including punitive damages).