| Compensation for ecological and environmental damage involves the coordination of the private law and the public law. From the perspective of comparative law, there are two approaches to explain the role of the private law in the compensation for ecological and environmental damage. The first one is to expand the concept of damage based on the infringement of existing private rights (such as ownership, health, etc.) to cover ecological interests on the level of the scope of responsibility. The second one is to create environmental rights or environmental order rights to cover ecological interests on the level of the establishment of responsibility. These two approaches reflect different understandings on the relationship between the public law and the private law. The former considers the public law and the private law as parallel reliefs, while the latter considers the private law relief as a priority. China's environmental law theory traditionally adopts the second approach, while the Draft Chinese Civil Code and the Plan for Reforming the System of Compensation for Ecological and Environmental Damage tend to adopt the integrated approach to expanding the concept of damage. There are still systemic problems in Chinese legislation and judicial practice in this area. The idea of expanding the concept of damage should be implemented, and in the cases of environmental tort, ecological interests should be considered on the level of the scope of responsibility. In the cases without environmental tort, whether the civil rules can be applied by analogy in the compensation for ecological and environmental damage should be specifically considered. |
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