论行政机关提起生态环境损害赔偿诉讼的正当性与可行性

行政机关提起生态环境损害赔偿诉讼的正当性,源于它是行政权与司法权相互配合从而履行国家环保义务、实现环境保护目标的实践.建立完善生态环境损害赔偿制度应当立足司法实际需要,通过行政权与司法权在诉讼各阶段的合理配置,使行政机关提起的生态环境损害赔偿诉讼获得更高效的判决、更有力度的执行.为此,应当完善诉讼的提起与推动、判决的做出与执行等全过程制度建设.

On the legitimacy and feasibility of executive branches to file the lawsuit for ecological damage claim

The country''s environmental protection obligations can provide theory origin and source of legitimacy to administrative agency as the holder of environmental public interest in compensation litigation, by the administrative authority to lodge a lawsuit.The establishment of the system of compensation for ecological damage should be based on actual needs of the judiciary, by reasonable configuration of executive power and judicial power in each stage of litigation, to make the decision for the compensation litigation for ecological damage lodged by executive branches more efficient.Therefore, it is necessary to perfect the whole process of the lawsuit, including its bringingp and pushing, decision making and execution.