关键词： 民法典, 侵权责任编, 生态环境代修复, 私法公法化, 生态环境损害, 绿色原则

Abstract: Article 1234 of the Tort Liability of the Civil Code stipulates the system of substitute repair of ecological environmental damage,which has the functions of implementing the "green principle",expanding the relief scope of environmental tort,and connecting with environmental public interest litigation.In essence,the ecological environment restoration system stipulated in this article introduces the public law system of environmental administrative performance into private law,and uses the subject of public law and public subject to protect the public interest of the environment,which reflects the public tendency of private law.However,there are still some problems in the ecological environment damage generation repair system,such as how to connect the public law power and the private law right,whether it is necessary to introduce the public law subject and the public subject,and how to avoid "giving up the right" and so on.Therefore,the eco-environmental damage repair system should retain the characteristics of relief private interests,be limited to the relief of eco-environmental damage co-existing with private interest damage,and improve it from two aspects:the expansion of the subject of relief and the sequential design of relief.

Key words: Civil Code, Tort Liability, restoration of ecological environment, public tendency ofthe private law, damage of ecological environment, green principle