生态环境损害赔偿诉讼与环境民事公益诉讼的衔接路径

The Connecting Path of Ecological Environmental Damage Compensation Litigation and Environmental Civil Public Interest Litigation

摘要: 生态环境损害赔偿诉讼与环境民事公益诉讼作为保护生态环境的两大诉讼制度，两诉的关系一直备受关注。两诉存在法律设定重合问题和现实顺位冲突问题，这根本上是因为不完善的生态环境损害赔偿诉讼制度和环境民事公益诉讼制度没有形成生态和谐。为推进两诉递进式发展，应当将两诉各自发展完善并形成紧密衔接关系。从两诉的关系出发，深入探究生态环境损害赔偿诉讼制度存在的不足，才能推动两诉进行有机衔接，共同推进我国资源节约和生态环境保护工作。

Abstract: As two major litigation systems to protect the ecological environment, ecological damage compensation litigation and environmental civil public interest litigation have been concerned about their relationship. The two lawsuits have overlapping problems of legal establishment and realistic sequence conflict, which is fundamentally because the imperfect litigation system of compensation for ecological environmental damage and the environmental civil public interest litigation system have not formed ecological harmony. In order to promote the progressive development of the two lawsuits, they should develop and perfect each other and form a close connection. Starting from the relationship between the two lawsuits, we can deeply explore the shortcomings of the ecological environmental damage compensation litigation system, so as to promote the organic connection between the two lawsuits and jointly promote the conservation of resources and ecological environmental protection in our country.