生态环境损害多元救济机制之衔接研究

围绕着生态环境损害救济,我国构建了多元主体参与、多种路径并存的制度体系,为公共利益提供全面保障的同时,也带来了不同机制之间应如何衔接的难题。衔接规则的缺失会引发不同机制功能重叠、相关主体角色错位、权责不明等诸多问题,严重影响生态环境损害救济制度功效的发挥。因此,建立、健全生态环境损害救济的多维衔接机制是当前我国生态环境保护工作的迫切任务。生态环境损害救济机制的衔接安排本质上是行政权能和司法权能的优化配置问题。基于二者的权限划分与功能定位,结合我国实践和域外经验考察,我国生态环境损害救济机制的衔接安排应当遵循"行政救济优先于司法救济"的基本原则。在具体制度设计层面,通过明确政府索赔权的适用范围,确立行政执法的优先性;通过完善民事公益诉讼启动的前置条件,确立行政救济的优先性;通过完善具体的诉讼程序规则,确立"先行后民"的检察公益诉讼衔接模式。

On the Coordination of Different Relief Mechanism for the Ecological Environmental Damage

It has been developed in China a legal system for the ecological environmental damage relief, which consists of civil pubic interest litigation, administrative public interest litigation and ecological compensation litigation. Such a system, with the participation of multiple subjects and coexistence of different mechanisms, on one hand provides full protection for the public interest, and on the other gives the rise to the question of coordination among the different mechanisms. The absence of the rules that can coordinate the different mechanisms may incur many problems such as the overlapping of functions, dislocation of the roles of related subjects, and the blurring of power and duties, which will seriously affect the effectiveness of the ecological environment damage relief system. Therefore, to protect the ecological environment, it is urgent to establish a system that coordinates the different mechanism of ecological environment damage relief. In essence, it is to optimize the distribution of administrative power and function and judicial ones in the ecological environmental damage relief system. Given their respective functions and powers, and considering the practice at home and abroad, it is better to follow the principle of "prevailing of administrative relief over judicial relief." At the level of specific system design, it is to establish the priority of administrative law enforcement by specifying the scope of application of the government’s right to claim;to establish the priority of the administrative relief, by improving the preconditions for the initiation of civil public interest litigation;and to establish a coordination model of "prevailing of administrative over civil litigation" in the procuratorial public interest litigation by improving the specific rules for judicial proceedings.