中国国土资源经济2024，Vol.37Issue(5)：21-30,45,11.DOI:10.19676/j.cnki.1672-6995.000988
论生态环境损害赔偿诉讼与环境民事公益诉讼之衔接
Discussion on the Connection Between Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation
摘要
Abstract
The ambiguous characteristics of ecological environmental damage litigation and its unclear functional boundary with the environmental civil public interest litigation are important reasons for the difficulties in the connection between the ecological environmental damage litigation system and the environmental civil public interest litigation system.Therefore,based on the analysis of the contents of these two litigation systems,it is clear that they are two litigation systems with the same essence and different functions.As far as the relief of ecological environmental damage is concerned,the functions of the two litigation systems should be reasonably adjusted under the guidance of the functionalist research paradigm and according to the different stages of ecological environmental damage.The function of the environmental civil public interest litigation system should be clearly defined as"prevention in advance",and the function of the ecological environmental damage compensation litigation system should be positioned as"post-damage compensation",so as to ease the difficulties in the connection and application of the two litigation systems.Since the"ecological environment"and"natural resources"have the relationship of"including"and"included",the same destructive behavior often causes damage to the ecological environment as well as to the natural resources.Therefore,according to the different objects of relief,the article briefly describes the connection issues between the ecological environment damage compensation litigation and natural resources damage compensation litigation.关键词
生态环境损害赔偿诉讼/环境民事公益诉讼/功能主义/自然资源损害救济/衔接路径Key words
ecological environmental damage compensation litigation/environmental civil public interest litigation/functionalism/natural resources damage relief/connecting path引用本文复制引用
王宗涛..论生态环境损害赔偿诉讼与环境民事公益诉讼之衔接[J].中国国土资源经济,2024,37(5):21-30,45,11.基金项目
国家社科基金一般项目"基于环境权的环境公益诉讼法理难点研究"(18BFX175) （18BFX175）
