论政府生态环境损害赔偿责任的承担

政府承担生态环境损害赔偿责任的理论基础是政府对环境质量负责,政府对环境质量负责的实质是政府作为公共环境的管理者和控制者对维护公共环境利益所负担的安全保障义务。根据政府的环境安全保障义务,政府承担生态环境损害赔偿责任应以过错推定为归责原则,责任构成的核心是政府负有其职责范围内特定的环境安全保障义务,因未尽环境安全保障义务间接引发生态环境损害。由于政府未尽环境安全保障义务的行为并非直接也并不必然导致生态环境损害,所以政府一般仅根据自身行为的可责性及其程度对生态环境损害承担补充性的赔偿责任,只有在特殊情况下才承担连带赔偿责任,在政府不负有特定环境安全保障义务的情况下政府不承担赔偿责任。

Research on Responsibility of Compensation for Ecological Damage of Government

The theoretical basis of government''s liability for ecological damage compensation is the government''s responsibility for environmental quality. The government''s responsibility for environmental quality is essentially the government''s security obligation to protect the public environmental benefits as a manager and controller of the public environment. According to the government''s environmental security obligation, government assumes the responsibility of ecological damage compensation in accordance with the principle of presumption of fault. The core of the responsibility is that the government has specific environmental security obligations within its scope of official duty, and the government''s failure to perform environmental security obligation indirectly lead to ecological damage. The government''s failure to perform environmental security obligation will not inevitably or indirectly lead to ecological damage, so the government generally undertakes the responsibility of supplementary compensation according to its own behavior and the extent of culpability, and only under special circumstances the government should bear joint compensation liability. The government should not be liable for compensation when it does not bear the specific environmental security obligations.