중국의 생태환경손해에 대한 민사적 구제 ― 중국 민법전 제1234조와 제1235조를 중심으로 ―

Abstract

In recent years, with the deterioration of the ecological environment, protecting the interests of the ecological environment and restoring the damaged ecological environment has become the focus of environmental legislation and judicial attention in China. The “Civil Code of the PRC” passed on May 28, 2020. Established a compensation system for ecological environment damage at the substantive law level. It marked the preliminary establishment of a pluralist relief system for ecological environment damage in China. The Civil Code stipulates the conditions for the court to accept cases of compensation for ecological environmental damage. First, the plaintiffs who can file a lawsuit for ecological environmental damage compensation include provincial, municipal and prefecture-level people's governments, their designated relevant departments and organizations, or the departments who entrusted by the State Council to exert the national ownership of natural resource assets. Second, the specific circumstances under which compensation litigation for ecological environmental damage can be instituted include the relatively large, considerable, and particularly considerable environmental events. And environmental pollution and ecological destruction events occur in national and provincial key ecological functional zones and prohibited development zones; Other consequences that seriously affect the ecological environment. In addition, it defines the connection between the ecological environmental damage compensation system and the environmental public interest litigation system, and apply the priority principle of the ecological environmental damage compensation system. If the environmental public interest litigation is filed for the same damage behavior and meet a specific condition, the environmental public interest litigation should be suspended first. After the trial of the ecological environmental damage compensation lawsuit is completed, a judgment will be made on the part not covered by the environmental public interest litigation. However, the construction of any new system will inevitably face the problem of connection with the existing system, which is also one of the difficulties of the ecological environment damage relief in China. This paper introduces the background to establishment, the purpose, the scope of application, the litigant, the compensation method and scope of the ecological environment damage compensation system in the Civil Code. And analyzes the dilemma in judicial trials, improve legislation through typical case studies.