《民法典》时代生态环境损害赔偿诉讼与民事公益诉讼之统合论

On the Integration of Compensation Litigation for Ecological Environment Damage and Civil Public Interest Litigation in the Era of Civil Code

在《民法典》未生效前,《改革方案》和相关司法解释从形式上将生态环境损害赔偿诉讼设置为行政机关基于国家自然资源所有权受到损害而提起的私益诉讼。故从制度层面而言,生态环境损害赔偿诉讼与环境民事公益诉讼分属救济生态环境损害的私益诉讼和公益诉讼。为高效、全面地救济生态环境受到的损害,且囿于两诉的不同性质,具有先后关系的两诉在前《民法典》时代确有制度衔接的空间。但《民法典》实施后,生态环境损害赔偿诉讼的规范依据应由作为政策的《改革方案》转变为更高效力位阶的《民法典》。究其本质,两诉并非彼此独立之诉,《民法典》在法律层面赋予了提起生态环境损害赔偿诉讼的实体法依据,并统一将该诉的适格原告规定为“国家规定的机关”及“法律规定的组织”,从而使生态环境损害赔偿诉讼回归公益诉讼的本位。至此,《民法典》履行确立实体法基础的职责,《民事诉讼法》承担明确程序法依据的任务,两诉并非是具有衔接空间的彼此独立的诉,而应被视为分别在实体和程序层面予以规定的同一诉讼。

Before the Civil Codecame into force,the Reform Planand relevant judicial interpretations formally set thecompensation litigation for ecological environment damage as a private interest litigation filed by the administrative organ based on the damage to the ownership of national natural resources.Therefore,from the perspective of system,compensation litigation for ecological environment damage and environmental civil public interest litigation belong to private interest litigation and public interest litigation for the relief of ecological environment damage.In order to effectively and comprehensively remedy the damage to the ecological environment,and limited by the different nature of the two lawsuits,the two lawsuits with sequential relationship have room for institutional convergence in the era of the former Civil Code.However,after the implementation of the Civil Code,the normative basis of compensation litigation for ecological environment damage should be changed from the reform plan as a policy to the more efficient Civil Code.In essence,the two lawsuits are not independent of each other.The Civil Code endows the substantive legal basis for filing compensation litigation for ecological environment damage at the legal level,and uniformly stipulates the qualified plaintiff of the lawsuit as the organ specified by the state and the organization specified by the law, so as to return the compensation litigation for ecological environment damage to the standard of public interest litigation.So far,the Civil Code has performed the duty of establishing the basis of substantive law, and the Civil Procedure Law has undertaken the task of clarifying the basis of procedural law. The two lawsuits are not independent lawsuits with connecting space, but should be regarded as the same lawsuits specified at the substantive and procedural levels respectively.