南京工业大学学报（社会科学版）2026，Vol.24Issue(1)：69-84,16.
生态环境损害赔偿制度与环境公益诉讼的功能边界
Functional Boundaries of the Ecological Environment Damage Compensation System and Environmental Public Interest Litigation
摘要
Abstract
As the concept of ecological civilization is deeply integrated into the national governance system,ecological and environmental protection has shifted from fragmented management to systemic governance,and ecological and environmental damage relief has moved from a single institutional framework to a multi-mechanism parallel operation.Ecological and environmental damage compensation and environmental public interest litigation are conducted concurrently in practice,yet they frequently overlap and compete over the same damage facts,leading to problems such as duplicate remedies and blurred liability boundaries.Existing research often explains institutional tension from the perspective of procedural priority or path selection,tending to attribute it to unclear connecting rules or insufficient coordination at the operational level,failing to reveal the functional structural issues behind the conflict.Practice shows that the contradiction between the ecological and environmental damage compensation system and environmental public interest litigation does not stem from overlapping norms,but rather from the misinterpretation of their functional positioning as competing paths.The former,with administrative leadership and restoration responsibility at its core,emphasizes the overall restoration of the ecosystem;the latter,based on the public interest litigation right in judicial procedures,combines relief and normative supervision functions.The full realization of ecological and environmental restoration responsibility should be used as the standard for functional demarcation,and a dynamic evaluation mechanism should be used to promote the coordinated operation of administrative restoration and judicial relief.关键词
生态环境损害赔偿/环境公益诉讼/生态系统整体修复/环境司法分类
社会科学引用本文复制引用
刘汉天..生态环境损害赔偿制度与环境公益诉讼的功能边界[J].南京工业大学学报（社会科学版）,2026,24(1):69-84,16.基金项目
江苏省高级人民法院2025年度重点调研课题"关于环境公益诉讼损害赔偿相关问题研究"(苏高法[2025]164号) （苏高法[2025]164号）
