The Boundary of Public Claims for Ecosystem Service Loss
From the objective point of view,the ecosystem service loss liability is the compensation liability for the loss of ecological environment use.From the subjective point of view,the liability for ecosystem ser-vice loss is the liability for the use loss or pure economic loss caused by the specific individual's usufructuary right.Due to the dual nature of public and private liability for ecosystem service loss,there may be both pub-lic interest claims and private claims for the same ecosystem service loss.At present,the cognition of ecosys-tem service loss liability is limited to the objective perspective of the unified cognition,so that all ecosystem service loss can be claimed through public interest litigation.A duplicate claim occurs when there is an ecosys-tem service loss for which a private person can claim.In order to avoid repeated claims,it is necessary to adjust the claim mechanism of ecosystem service loss and establish the boundaries of ecosystem service loss public benefit claims.On the basis of the principle of"public to private",the scope of the two types of private claims,namely the use loss caused by private usufruct and the pure economic loss that can be claimed by pri-vate,can be excluded,and can be realized through the improvement of the entity rules,procedure rules and technical rules.The boundary of the public interest claim for ecosystem service loss constructed in this way will change with the change of the compensability of pure economic loss,and may be further narrowed in the future.
article 1235 of the Civil Codeecosystem service lossenvironmental infringementpublic interest litigationpure economic loss
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