The compensation liability for interim damage of ecological service includes compensa-tory restoration liability and compensation liability for interim damage of ecological service.Under the concept of ecological environment restoration,compensatory restoration liability should take priority over compensation liability for interim damage of ecological service.However,upon examining the status quo of the compensation liability for interim damage of ecological service,it is found that:Firstly,there is no explicit provisions in the legal norms that stipulate the violator shall bear compensatory resto-ration liability when interim damage of ecological service can be restored.Secondly,the application of compensatory restoration liability is quite limited in the judicial practice,and there are no clear specific measures in this regard.Thirdly,there exist improper application of compensation liability for interim damage of ecological service in the judicial practice.To deal with the above-mentioned problems,the compensatory restoration liability can be introduced through legislative process or judicial interpretation to improve the compensation liability for interim damage of ecological service.Under the framework of judicial interpretation,it is obviously difficult to reach a consensus on compensatory restoration liability based on the interpretation of Article 1234 of the China's Civil Code,and the interpretation also fails to re-flect the priority of compensatory restoration liability over compensation liability for interim damage of ecological service.Thus,it is more reasonable and feasible to stipulate compensatory restoration liability in the environmental code through legislative process.Therefore,both clauses of compensatory restora-tion liability and compensation liability for interim damage of ecological service should be included separately in the environmental code.The compensatory restoration liability clause should highlight the prerequisite for compensating for interim damage of ecological service that can be restored through compensatory restoration measures,while the clause on compensation liability for interim damage of ecological service should highlight the prerequisite for compensating for interim damage of ecological service that cannot be restored through compensatory restoration measures.
关键词
生态环境法典/期间服务功能损害/补偿性修复/期间服务功能损失赔偿/生态环境恢复
Key words
the environmental code/interim damage of ecological service/compensatory restora-tion/compensation for interim damage of ecological service/ecological environment restoration
维普
万方数据