The Connection between Environmental Damage Compensation System and Environmental Public Interest Litigation
生态环境损害赔偿制度与环境公益诉讼的衔接

摘要

生态环境损害赔偿制度是在传统的环境公益诉讼基础上，侧重体现和反映国家承担的环境监管和保护职责,对生态环境损害进行救济的专门的制度建设。两种制度现有法理的争议、立法以及执法中的冲突和矛盾还亟待解决和厘清，因此其衔接具有必要性与紧迫性。建构以行政机关优先，环保组织为补充的诉讼主体机制，完善磋商机制，是实现两种制度衔接的可行途径。

Abstract

The ecological environment damage compensation system is based on the traditional environmental public interest litigation, focusing on reflecting the environmental supervision and protection res- ponsibilities undertaken by the state, and the construction of a special system for relieving ecological environment damage. The existing legal disputes, legislation, and law enforcement conflicts and contradictions between the two systems still need to be resolved and clarified. Therefore, its convergence is necessary and urgent. Constructing a main body of litigation mechanism with administrative organs as the priority and supplemented by environmental protection organizations, perfecting the consultation mechanism is a feasible way to achieve the convergence of the two systems.