论公法制裁后环境民事公益诉讼中的重复责任

On the Repeated Liability in Environmental Civil Public Interest Litigation After the Sanction of Public Law

在对同一当事人经过公法制裁后又提起环境民事公益诉讼追责的案件中必然存在重复责任,原因在于被告在环境民事公益诉讼中承担的法律责任在属性上是行政责任,而不是司法实践和学术界普遍认为的民事责任,且通过环境民事公益诉讼追责的违法行为同被告所受公法制裁的违法行为属于同一违法行为。对此重复责任可以考虑财产责任同之前承担的行政罚款进行折抵,对承担了刑事责任的当事人基于刑法的谦抑性,再提起环境民事公益诉讼追责时应当慎重,而创新行政执法是避免重复责任的根本出路。

In the cases that the same party was sanctioned by the public law and then sued for environmental civil public interest litigation,there must have repeated liabilities.The reason is that the legal liability of the defendant in environmental civil public interest litigation is administrative liability in nature,rather than the civil liability generally believed by judicial practice and academia.Moreover,the illegal behaviors that were held accountable through environmental civil public interest litigation were the same illegal behaviors sanctioned by public law.For this kind of repeated liability,the property liability can be considered to be offset by the amount of administrative penalty previously borne.Based on the modesty of the criminal law,we should be careful when we bring the environmental civil public interest litigation against the party who has undertaken the criminal responsibility.The innovation of administrative enforcement is the fundamental way to avoid repeated responsibility.