The nature of the compensation system for ecological environment damage stipulated in the Civil Code is much debated in academic circles.On the surface,it protects the ecological environment,but in essence,it protects the rights and interests of all subjects dependent on the ecological environment,which fully embodyies the"anthropocentrism"of ecological environment protection.The right to compensation for damage to the ecological environment of"state organs or organizations prescribed by law"should not be identified as a public law power,as such positioning lacks the basis of empirical law and deviates from the judicial practice,and also should not be identified as the exercise of state ownership,as it does not explain the right of"state organs or organizations prescribed by law"to claim compensation for damage to the non-use value of the ecological environment,such as environmental aesthetics.The right to compensation for damage to the ecological environment of"state organs or organizations prescribed by law"should be the exercise of the civil rights and interests protected by Article 3 of the Civil Code by the relevant subjects so as to reasonably explain the objective fact that compensation for damage to the ecological environment is,in most cases,related to the protection of the rights and interests of citizens.
关键词
生态环境损害/公法权力/国家所有权/民事权益
Key words
ecological environment damage/public law power/state ownership/civil rights and interests
维普
万方数据