关键词： 生态环境损害, 司法救济, 环境民事公益诉讼, 环境行政公益诉讼, 生态环境损害赔偿诉讼

Abstract: In view of eco-environmental damage,China has gradually formed a judicial relief system of environmental civil public interest litigation,environmental administrative public interest litigation and eco-environmental damage compensation litigation,aiming to provide multi-directional protection and supervision for the ecological and environmental public interests.In the development of the judicial relief system for damage to ecological environment,the debate on the nature of different litigation systems,the expansion and infiltration of the scope of application,the dislocation of functions between administrative and judicial organs,and the ambiguity of thecontent of procuratorial organs' right of public interest litigation have gradually exposed their endogenous dilemma,so there is an urgent need to make a refined and systematic normative design.For this reason,based on the measurement of rights (power) and obligations,we should re-examine the role function and the distribution of rights and responsibilities of the subject,and reasonably set up the applicable order of different litigation systems.Based on the investigation of the function of the system,according to different functions such as "risk prevention","damage filling" and "legal supervision",the respective application scope of "three claims" should be delineated.At the same time,we should strengthen the interactive relationship between different litigation systems to ensure systematic coordination,so as to build layers of progressive judicial relief system for ecological damage.

Key words: eco-environmental damage, judicial relief, environmental civil public interest litigation, environmental administrative public interest litigation, eco-environmental damage compensation litigation