Journal of Jishou University(Social Sciences Edition) ›› 2022, Vol. 43 ›› Issue (1): 17-25.DOI: 10.13438/j.cnki.jdxb.2022.01.002

• Ecological environment forum · ecological environment damage (I) • Previous Articles     Next Articles

Identification of Private Interests and Division of Responsibility in Eco-environmental Damage

LIU Changxing   

  1. (School of Law,South China University of Technology,Guangzhou 510006,China)
  • Online:2022-01-01 Published:2022-03-08

Abstract: The eco-environmental damage compensation system has become an important part of the environmental legal system,but its specific rules are still being improved.Based on the public welfare protection goal of eco-environmental damage compensation,eco-environmental damage has been defined as public welfare damage in theory and institution.However,eco-environmental damage may include private interest damage,so it is necessary to distinguish the private interest elements that may be included in it,and to exclude the damage of private interests from the scope of the compensation.Based on the analysis of the relationship between the damage of ecological environment and public interest and private interest,the scope of damage compensation can be reasonably determined through identifying the damage of private interests by subject-specific and interest-specific standard.Furthermore,in the undertaking of the liability for ecological environmental damage restoration and compensation,it is also necessary to improve the procedure of defining the liability,and distinguish the liability for private interest compensation according to the criteria for determining private interests.Also,a dual structure of distinguishing the liability for ecological environmental damage compensation and liability for environmental tort should be formed through the connection and coordination of liability forms.

Key words: eco-environmental damage, public interest, private interest, liability for compensation, liability for restoration

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