Realization Of Legal Remedy Liability For Ecological Environment Damage

As an infringement on the ecological function of the environment,the remedy for ecological damage is always between public law and private law.The traditional view is that public law,as the law of public interest,has the basic purpose and function of safeguarding the ecological value of the environment;as the global and Chinese environmental problems become more and more prominent,private law should also assume the responsibility of remedying ecological and environmental damage,and ecological and environmental management is no longer the exclusive responsibility of a certain sector of law.In the field of ecological and environmental damage remedy,the current legal text and judicial practice in China have formed a public law remedy led by environmental administrative enforcement and a private law remedy led by environmental civil claims litigation.The practice of ecological damage relief over the years has shown that both public and private law remedies have their own limitations,and relying on or preferring one type of remedy alone is not sufficient to achieve a comprehensive response to ecological damage.Therefore,publicprivate law synergy has become the natural choice to realise the responsibility of legal remedy for ecological and environmental damage.In the future,China should follow the basic idea of "multiple remedies,public law first,private law complementary",and give more environmental protection powers to government authorities through legislation,so as to give full play to the effectiveness of the environmental administrative enforcement mechanism of "ordering repair + substitute performance";to avoid In order to prevent the government from neglecting its duties,priority should be given to the application of environmental administrative public interest litigation,so as to achieve the supervision and control of the environmental administrative authorities.At the same time,"exhaustion of public law remedies" is a prerequisite for the application of private law remedies,and the procedural design between private law remedies is optimised,i.e.the orderly interface of "compensation consultation first and claim litigation second",with "ecological and environmental damage litigation taking precedence over private law remedies.The two types of lawsuits are prioritised and supplemented by environmental public interest litigation,as well as the establishment of the "administrative organ-environmental protection organisation-procuratorial organ" as the main body for ecological and environmental damage claims.Private law remedies will be applied as a supplementary and underwriting means to bring into play the maximum synergy between public and private law remedies,and ultimately promote the realisation of the responsibility of legal remedies for ecological and environmental damage.