生态环境检察民事公益诉讼与生态环境损害赔偿制度衔接研究——以检察权与行政权的关系为视角

Research on the Integration of Civil Public Interest Litigation for Ecological Environment Prosecution and Ecological Environmental Damage Compensation System——From the perspective of the relationship between procuratorial power and executive power

生态环境检察民事公益诉讼与生态环境损害赔偿诉讼存在共通与差异之处,最高人民法院出台《关于审理生态环境损害赔偿案件的若干规定(试行)》,初步厘清了二者在理论与实践层面的混乱局面,但因条款过于笼统,实践中缺乏效率。《民法典》出台后,二者的区别正在逐渐模糊,并出现融合的趋势,当前最主要且明显的区别是主体不同,二者的衔接应从起诉主体背后的行政权与检察权的关系着手,设置衔接原则以及衔接路径,最大限度发挥制度效能。

There are similarities and differences between civil public interest litigation for ecological environment prosecution and ecological environment damage compensation litigation.The Supreme People's Court has issued Several Provisions on the Trial of Ecological Environment Damage Compensation Cases(Trial),which preliminarily clarifies the chaotic situation between the two at the theoretical and practical levels.However,efficiency still lacks in practice due to the overly vague terms.After the promulgation of the Civil Code,the differences between the two are gradually becoming blurred and there is a trend of integration.The most important and obvious difference currently is that in subjects.The linkage between the two should start from the relationship between the administrative power and the prosecutorial power behind the plaintiff,and set up linkage principles and pathways to maximize the efficiency of the system.