浅议生态环境损害赔偿的理论基础与实施保障

本文立足于环境资源公共物品的属性,探讨构建生态环境损害赔偿制度的理论基础,提出行政主管部门应在生态环境损害赔偿中发挥主导作用。从落实《生态环境损害赔偿制度改革试点方案》的角度出发,从明确责任主体、细化磋商与诉讼程序、健全生态环境损害评估制度、加强资金保障、强化法律与公众监督等方面提出关于改革方案配套制度的八条具体建议。

Discussion on the Theoretical Basis and the Implementation Support of Compensation for Environmental Damage

Based on the attributes of the public goods of environment and resources, this paper discussed the theoretical basis of compensation for environmental damage and put forward that the administrative government should play the leading role in the compensation process. In light of the recently-issued Pilot Program on the Reform of the System Regime for Environmental Damage Compensation, this paper further proposed eight concrete suggestions for supporting system of the current reform program, including clarification of responsible parties, detailing negotiation and litigation process, refining identification and assessment system of environmental damage, enhancing fund guarantee, and strengthening law enforcement as well as public supervision.