中国人口·资源与环境2025，Vol.35Issue(7)：13-22,10.DOI:10.12062/cpre.20250610
生态环境损害赔偿仲裁的法典实现
Codification of arbitration for ecological and environmental damage compensation
摘要
Abstract
The compilation of the Ecological and Environmental Code requires the confirmation of diversified solutions for disputes over compensation for ecological and environmental damage in legal form.In addition to consultation and litigation,the codified path-ways resolving ecological and environmental damage compensation should include arbitration.Due to legislative constraints,arbitration for ecological and environmental damage compensation in China suffers from structural deficiencies.With the compilation of the Ecolog-ical and Environmental Code and the revision of the Arbitration Law on the"fast track,"it is particularly urgent to consider arbitration solutions for ecological and environmental damage compensation in a coordinated manner.As existing means of resolving ecological and environmental damage compensation disputes,consultation and litigation have practical limitations in terms of effectiveness and func-tional disadvantages,thus requiring supplementation by arbitration.Arbitration for ecological and environmental damage compensation has sufficient practical grounding in China.Compared to consultation and litigation,arbitration can better demonstrate visible advantag-es in terms of effectiveness sources,efficiency guarantees,and professionalism when handling ecological and environmental damage compensation disputes.From a jurisprudential perspective,ecological and environmental damage compensation disputes are private-law property rights disputes arising from constitutional ownership of natural resources by the state,transferred into civil-law ownership,which meets the arbitrability requirements for economic disputes.At the same time,the state ownership of natural resources implies the government's public-trust rights and obligations to manage,maintain,and control the ecological and environmental,and confers corre-sponding disposal rights over the publicly trusted natural resources under its stewardship.Environmental public interest is the object of relief of ecological and environmental damage compensation;applying arbitration to swiftly enforce ecological and environmental dam-age compensation obligations does not violate social public interest;on the contrary,it helps to realize environmental public interest.The compensation rights holder shall negotiate with the compensation obligor on an equal footing as a trustee of the state ownership of natural resources,meeting the requirements of the Arbitration Law on equal subjects.Based on this,the codification of arbitration for ecological and environmental damage compensation requires clarification of arbitration agreement matters,scope of arbitration parties,arbitration application modes,substantive structure of the arbitration application order,as well as procedural paradigms for determining the composition of the arbitration tribunal,negotiation of arbitration rules,arbitration trial methods,and effectiveness of the arbitration award,in order to map out the institutional framework for arbitration for ecological and environmental damage compensation.关键词
生态环境法典/生态环境损害赔偿/仲裁/自然资源国家所有权Key words
Ecological and environmental Code/ecological and environmental damage compensation/arbitration/state ownership of natural resources分类
社会科学引用本文复制引用
苟应鹏..生态环境损害赔偿仲裁的法典实现[J].中国人口·资源与环境,2025,35(7):13-22,10.基金项目
国家社会科学基金一般项目"强制执行法典化背景下执行力主观范围扩张研究"(批准号:23BFX136). （批准号:23BFX136）
