生态环境损害救济体系行政主导的局限及其优化

Limitation and Optimization of Administrative Dominance of Ecological Environmental Damage Relief System

生态环境损害救济体系是多元主体参与、公法私法手段并存的制度体系。以行政救济为主导的生态环境损害救济体系在生态环境损害行为责任与金钱责任承担上存在局限。针对生态环境损害救济体系中行政救济主导的现实问题,可以在以行为性质区分生态环境损害救济公法手段和私法手段的基础上,发挥行政机关能够在生态环境损害救济中同时适用公法手段和私法手段的独特优势,以行政机关为主导优化生态环境损害救济体系构建。

The ecological environment damage remedy system is an institutional system,which multiple subjects can participate in and public and private means can be used.The ecological environment damage remedy system dominated by administrative remedy has limitations in the responsibility of ecological environment damage behavior and monetary responsibility.In view of the practical limitations of administrative dominance in the ecological environment damage remedy system,we can give play to the unique advantages of administrative organs that can apply both public and private means in ecological environmental damage relief on the basis of distinguishing public and private means in the nature of behavior,in order to optimize the construction of ecological and environmental damage relief system led by administrative organs.