南京工业大学学报（社会科学版）2025，Vol.24Issue(2)：44-59,16.
生态环境损害救济司法实现机制的体系化
Systematization of Judicial Realization Mechanism for the Remediation of Ecological Environmental Damage
摘要
Abstract
In order to provide remediation for ecological environmental damage,China has established both an administrative mechanism and a judicial remediation mechanism.Among the two types of mechanisms,the administrative approach has advantages in terms of professionalism and timeliness of remediation and should be applied prior to the judicial mechanism.However,it is still necessary to further clarify how to judge the activation timing of the judicial mechanism.However,within the judicial mechanisms for ecological environmental damage remediation,three distinct mechanisms-the negotiation on compensation for ecological damage,compensation litigation for ecological environment damage,environmental civil public interest litigation,and environmental administrative public interest litigation present challenges related to functional overlap and convergence.From the perspective of the functions and positioning of each mechanism,the negotiation on compensation for ecological environmental damage process exhibits distinct private law characteristics,and the negotiation agreement on ecological damage compensation is a special form of civil settlement agreement,exhibiting distinct private law characteristics.The compensation litigation for ecological damage is a special form of civil public interest litigation,but it offers advantages in terms of both the timeliness and specialized expertise in ecological damage remediation.Environmental civil public interest litigation has multiple functions,including protecting public interests,ecological damage remediation,and risk prevention.Administrative public interest litigation is an objective litigation focusing on legal supervision and the protection of legal order.Therefore,a three-tiered damage remediation system should be constructed,prioritizing administrative enforcement,followed by negotiation and compensation litigation for ecological environment damage procedures,with environmental civil public interest litigation and environmental administrative public interest litigation operating concurrently.Measures such as setting the obligation to explain the exhaustion of administrative remediation in the consultation procedure,establishing communication channels between social organizations and administrative organs,and improving the public participation mechanism in ecological and environmental damage compensation consultations can further build a more complete remediation system for ecological and environmental damage.关键词
生态环境损害救济/生态环境损害赔偿磋商/生态环境损害赔偿诉讼/环境民事公益诉讼/环境行政公益诉讼分类
社会科学引用本文复制引用
刘静,闫宇辰..生态环境损害救济司法实现机制的体系化[J].南京工业大学学报（社会科学版）,2025,24(2):44-59,16.基金项目
国家社会科学基金一般项目"生态环境损害的公法救济机制完善研究"(24CFX079) （24CFX079）
