论生态环境修复费用和生态环境价值损失的区分OACHSSCDCSSCI

The cost of ecological remediation is a monetary expression of ecological remediation measures,which needs to be calculated using the ecological restoration cost method.The loss of environmental value is a monetary expression of the value of damaged ecological system and its services,which needs to be evaluated using environmental value assessment method,or reasonably determined by the court exercising its discretion.In situations where the damaged ecological system can be naturally restored,wild animals have been killed,or the damaged ecological system can be remediated,a few courts sometimes mistakenly treat the loss of environmental value as the cost of ecological remediation when applying the liability for ecological damage.Based on the three requirements of remediation necessity,technical feasibility,and economic rationality,the way of assuming the reparation liability for ecological damage can distinguish between compensating the cost of ecological remediation and the loss of environmental value.The court may apply the liability for compensating the cost of ecological remediation,provided that the three requirements of remediation necessity,technical feasibility,and economic rationality are all met.In the event that any one of the three requirements of remediation necessity,technical feasibility,and economic rationality is not met,the court should apply the liability for compensating the loss of environmental value.