环境法典编纂背景下生态破坏案件“全链条追责”规则的适用

APPLICATION OF THE RULE OF "FULL CHAIN OF RESPONSIBILITY" FOR ECOLOGICAL DAMAGE CASES IN THE CONTEXT OF ENVIRONMENTAL CODE CODIFICATION

特大非法捕捞长江鳗鱼苗公益诉讼案正式确立了生态破坏案件的“全链条追责”裁判规则。在当今编纂环境法典的背景下,“全链条追责”规则契合保护环境与推动绿色发展的时代要求,对分析生态破坏案件中利益链条的形成条件以及链条上各主体的责任认定起到了重要的指导作用。作为新兴的裁判规则,“全链条追责”在适用过程中存在制度供给不足、缺少体系性以及责任认定标欠缺的具体性和明确性等问题,需要从公法和私法的双重维度,全面深入分析“全链条追责”的归责原则、行为要件、因果关系以及损害结果等核心要素。在立法层面,应建构更为完善的责任理论,统筹设计责任体系;在司法层面,需明确“共同性”这一关键概念,避免司法适用的僵化。

The rule of "full chain of responsibility" in ecological damage cases has been formally established in the case of the "Public Interest Litigation of the Extremely Large-Scale Illegal Fishing of Eel Fry in the Yangtze River".In the context of environmental codification,the rule is in line with the requirements of the times of protecting the environment and promoting green development,and plays an important role in guiding the analysis of the conditions for the formation of the chain of interests in ecological damage cases,as well as helping the determination of the responsibility of the main bodies in the chain.However,as a relatively new adjudication rule,there is a need to further improve the corresponding laws and regulations systematically as well as clarify the responsibility determination standard in the process of its application.In this regard,it is necessary to comprehensively analyze the core elements of the "full chain of responsibility" rule such as the principle of attribution,the elements of conduct,causality,and the results of the damage,from the dual dimensions of public law and private law.At the legislative level,a more complete theory of liability should be constructed and the liability system should be designed in an integrated manner;at the judicial level,the key concept of "commonality" should be clarified in order to avoid the rigidity of judicial application.