河北环境工程学院学报

目前,我国生态环境救济制度发展迅速,其中以社会组织为主体的环境公益诉讼已经积累了相当的经验,而以政府为主体的生态环境损害赔偿磋商和诉讼也开始在全国范围内铺开。然而,政府所进行的磋商与诉讼仍然面临着性质不清的问题,为两种制度的衔接带来了阻碍。因此,有必要明确生态环境损害赔偿磋商与诉讼的性质,以及社会组织在环境民事公益诉讼中的角色定位,并在此基础上厘清生态环境损害赔偿磋商、诉讼同社会组织公益诉讼的关系。

At present, ecological and environmental relief system in China develops rapidly,among which the public interest litigation prosecuted by NGOs has gotten abundant experience and the consultation and litigation of ecological and environmental damage compensation conducted by the government has also practiced all over the country. However, the consultation and litigation conducted by the government still face the question of ambiguous natures, which bring obstacles to the connection of the two systems. Therefore, it is necessary to clarify the nature of consultation and litigation of ecological and environmental damage compensation and the role of NGOs in public interest litigation. And on this basis, the relationship among the consultation and litigation of ecological and environmental damage compensation and the public interest litigation of NGOs can be clarified.