关键词： 生态环境损害, 交易成本, 类型化, 公私法协作

Abstract: The public and private laws of eco-environmental damage relief fail to achieve orderly and efficient cooperation in the identification of damage and the application of damage liability.The reason lies in the lack of typed analysis of eco-environmental damage,ignoring the important differences between different types of damage in the economic principles of regulation and the needs of legal system.By combing the judicial practice experience of eco-environmental damage relief and the environmental economic explanation of pollution control,we can find that the reason why eco-environmental damage cannot be effectively controlled through the market lies in its high transaction cost.For different types of eco-environmental damage,the supply of economic methods and legal systems needed to reduce transaction costs are not the same.The local eco-environmental damage can be effectively remedied by defining and encouraging the private law path of the claimant.The administrative order relief system can only provide more timely and rapid relief for local ecological environment damage within the limited scope clearly stipulated by relevant laws and regulations,so the relief of local eco-environmental damage needs the cooperation mode of public and private law which is coexisting,complementary and coordinated.The main methods of regional eco-environmental damage relief are command-controlled regulation and economic incentive methods,so the relief of regional eco-environmental damage should only be dominated by public law norms.

Key words: eco-environmental damage, transaction cost, typing, cooperation between public and private laws