生态环境损害中的私益辨识与责任界分

生态环境损害赔偿制度已成为环境法律制度的重要构成部分，但其具体规则还在不断完善中。基于生态环境损害赔偿的公益保护目标，理论和制度上已经将生态环境损害界定为公益损害，但事实上生态环境损害可能包括私益损害，因此有必要对此进行区分，并将私益损害排除于生态环境损害赔偿范围之外。在分析生态环境损害与公共利益、私人利益之具体关联的基础上，按照主体特定化、利益特定化的标准辨识私益损害，以合理确定生态环境损害的范围。生态环境损害修复和赔偿责任的具体承担中，须完善责任认定程序，根据私益认定标准区分出私益赔偿责任，并通过责任方式的衔接和配合，明晰生态环境损害赔偿责任与环境侵权责任的二元区分结构。

Identification of Private Interests and Division of Responsibility in Eco-environmental Damage

The eco-environmental damage compensation system has become an important part of the environmental legal system,but its specific rules are still being improved.Based on the public welfare protection goal of eco-environmental damage compensation,eco-environmental damage has been defined as public welfare damage in theory and institution.However,eco-environmental damage may include private interest damage,so it is necessary to distinguish the private interest elements that may be included in it,and to exclude the damage of private interests from the scope of the compensation.Based on the analysis of the relationship between the damage of ecological environment and public interest and private interest,the scope of damage compensation can be reasonably determined through identifying the damage of private interests by subject-specific and interest-specific standard.Furthermore,in the undertaking of the liability for ecological environmental damage restoration and compensation,it is also necessary to improve the procedure of defining the liability,and distinguish the liability for private interest compensation according to the criteria for determining private interests.Also,a dual structure of distinguishing the liability for ecological environmental damage compensation and liability for environmental tort should be formed through the connection and coordination of liability forms.