生态环境损害赔偿诉讼与环境民事公益诉讼关系探究——兼析《民法典》生态赔偿条款

生态环境损害赔偿诉讼与环境民事公益诉讼大同小异,交叉重叠,关系有待厘清。生态环境损害赔偿诉讼属于以国家所有权为基础的"公产诉讼",由监管者在必要时依法提起;环境民事公益诉讼属于由非监管者补充行使监管职权的"代位执法诉讼",以补充监管不足为必要。两诉关系的妥善处理应秉持类型化思维,正确认识两类诉讼的功能差异及不同主体的各自优势,合理分工,衔接配合。《民法典》第1234条和1235条对两诉关系的处理存在诸多模糊之处,需要理论上的正确解读和后续配套立法的区别、完善。

Analysis of the Relation Between EDCL and ECPIL,and Review of Relevant provisions of Civil Code

Eco-environmental damage compensation litigation(EDCL) and Environmental civil public interest litigation(ECPIL) are similar and overlapping. Their relationship needs to be clarified. From the nature, EDCL belongs to the "public property litigation" which takes eco-environment as the object. EDCL not only has the public interest attributes, but also based on the state ownership. EDCL and ECPIL have quite different emphases. The proper handling of the relationship between the two lawsuits should adhere to the typed thinking, correctly understand the role differences and respective advantages of the two types of litigation, rational division of function, cohesion and cooperation. There are many ambiguities in the treatment of the relationship between these two lawsuits in Article 1234 and 1235 of the Civil Code, which need correct understanding in theory and matching connection of subsequent legislation.