生态环境行政处罚与生态环境损害赔偿衔接问题分析与路径探究

Research on the problem and path of connection between the penalty system of eco-environmental administration and the compensation system for damage to eco-environment

生态环境行政处罚是应对环境违法问题的基础方式,而生态环境损害赔偿进一步考虑了环境污染救济,实现两者的衔接十分必要。分析发现,两者衔接主要面临着政策规范不完善、办案主体不协调、办案环节不畅通和鉴定力量不充足的困境。针对这些关键性问题,提出了强化法律制度保障、协调和监督办案主体、优化畅通办案环节、鉴定评估提前介入等4方面的衔接要点与路径,以期为国家及地方相关制度设计和案例实践提供参考。

The penalty system of eco-environmental administration is the basic way to deal with environmental violations.The compensation system for damage to eco-environment is a way to relieve the environmental pollution.Therefore,it is particularly necessary to realize the connection of the two systems.Analysis found that the connection was facing some difficulties:the policy criteria was far from perfect,the subjects for handling cases were uncoordinated,the links for handling cases were not smooth,and the appraisal resource was insufficient.Aiming at these key problems,4 key points or paths of connection were put forward,including strengthening the guarantee of legal system,coordinating and supervising the subjects for handling cases,optimizing and smoothing the links for handling cases,and early intervention of identification and evaluation.It was expected to provide some references for the design of relevant national and local institution design and case practice.