河北法学2024，Vol.42Issue(12)：31-52,22.DOI:10.16494/j.cnki.1002-3933.2024.12.002
民法典视域下生态环境损害规定之法理基础
The Legal Basis of Ecological Environment Damage Regulations from the Perspective of Civil Code
摘要
Abstract
In response to the needs of the times for ecological environmental protection,the Civil Code provides for damage to the ecological environment.Ecological and environmental damage consists of"damage to elements or functions of ecosystems,as well as damage to the benefits of good living conditions that people derive from the environment".Ecological and environmental damage in the context of the Civil Code has a public-private benefit composite attribute,focusing on the environmental interests of people's lives.The theoretical basis for its inclusion in the Civil Code is currently the subject of a debate between the"rights"approach and the"interests"approach.Analysis reveals that adopting the"rights"theory to transform ecological and environmental interests into rights and incorporate them into the civil law system cannot eliminate the discrepancy between the public-private attributes of ecological and environmental interests and the fact that"civil rights are essentially typified private interests",and it will also jeopardize the normativity,coherence and stability of the civil law system itself;adopting the"interests"theory to incorporate the ecological environmental damages,even though it has solved the problem of limited protection of the rights,growth of protection of the interests,and consistency of civil law system,but it also will result in the suspicion of generalization of the interests of the protection of the civil law.Based on the requirements of the principle of unity of the legal order,the establishment of the theory of the protection of legal interests in civil law,the confirmation of ecological environmental legal interests,and the entry of ecological environmental damages into the range of civil law protection and relief can cut off the dilemma of the theory of the protection of rights and the theory of the protection of interests that may be brought about by the arbitrariness,and also provide the theoretical support for the possibility of entering into the Civil Code to keep the openness of the other interests in the future,so that China's civil jurisprudence can be inherited,innovated,and prosperous development.关键词
民法典/生态环境损害/权利/利益/法益Key words
the Civil Code/ecological environmental damage/rights/interests/legal interests分类
社会科学引用本文复制引用
张旭东..民法典视域下生态环境损害规定之法理基础[J].河北法学,2024,42(12):31-52,22.基金项目
国家社会科学基金一般项目"民法典视域下生态环境损害及其诉讼制度研究"(21BFX137). （21BFX137）
