摘要
《民法典》第1234條和第1235條規定了生態環境損害及其救濟,因與民法所秉持的私益認定及救消體系存在一定抵牾曾引發了諸多爭論。現在法典條文既定,理論研究轉向了適用细節的解釋,但在觀點上仍存諸多差異。與此同時,正在進行的生態環境法典编纂研究,其中也有關於生態環境損害責任的課題。寶際上,這兩條中對生態環境損害及救濟規定了什麼,在適用中是否需要更為細繳的内容.决定了生熊環境損害責任在《民法典》基礎上未來完善要展開的具體内容。
Articles 1234 and 1235of the Civil Code provide for the ecological and environmental damage and its remedies.They have sparked a lot of controversies because,to some extent,they conflict with the private interest identification and remedy system upheld by civil law.Now that the provisions of the code have been made ready,theoretical research has turmed to the interpretation of application details.However,people's viewpoints vary greatly.Meanwhile,the ongoing research on the codification of ecological and environmental codes also covers a subject regarding the liability for ecological and environmental damage.In fact,CHINA provisions of these two articles for the ecological and environmental damage and its remedies and whether more detailed contents are needed in the application determine the specific contents to be expanded for the improvement of the liability for ecological and environmental damage LAW based on the Civil Code in the future.The positioning of these two articles in the civil law system determines the direction and space for the possible improvement of the above-mentioned expanded contents.This paper first discusses the existing provisions on the liability for ecological and environmental damage in the Civil Code and then analyzes how to interpret and coordinate the relationship between the existing provisions and the contents expended in the ecological and environmental codes and which specific issues can be expanded if the liability for ecological and environmental damage will be improved.
作者
竇海陽
Dou Haiyang(Institute of Law,Chinese Academy of Social Sciences)
