关键词： 生态损害, 生态损害赔偿, 人域契约, 自然契约, 生境主体, 生境法益

Abstract: Ecological damage compensation is one of the most important relief systems in the field of environmental protection in China,whose purpose,motivation,value and structure determine the basic bearing and complete explanation of the establishment of habitat subject and its rights.The system of compensation for ecological damage establishes the unique value of "habitat",independent right of existence and independent legal personality from the aspect of "human law" in human domain contract.It breaks the closed system of the theory of "human domain law" from the aspect of "interpersonal law" of natural contract,implants ethical value into the rules of environmental law,gets rid of the pursuit and expression of non-politicized and non-ethical rationalism in traditional "human domain law",and revives the tradition that "law should be ethical rather than instrumental" in Chinese legal system.It establishes the transformation of the legal value of legal interest protection from "human domain priority" to "interpersonal priority",enriches the concept of order and academic principles of environmental jurisprudence,and expands the boundaries of the "subject centralism" rule system of traditional human domain law.It provides a transcendent practical attempt and theoretical exploration for the transformation of China's environmental law from "subject mode protection" to "relationship mode protection" and the transformation of value function.

Key words: ecological damage, ecological damage compensation, human domain contract, natural contract, habitat subject, habitat legal interest