生态环境损害赔偿研究:以马克思主义公共产品理论为视角
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Abstract

Human damage to the ecological environment not only poses a great threat to the survival and development of human beings,but also leads to the destruction of the ecological environment.The traditional theory of environmental tort pays attention to the protection of personal rights and property rights caused by ecological environmental damage,but neglects the embodiment and maintenance of the value of ecological environment as a“media”.The ecological environment damage compensation system arises at the historic moment.Ecological environment is a typical public product.Marx's theoretical construction of public product and analysis of public product supply mode provide reasonable explanation and beneficial guidance for ecological environment damage compensation system.It is the theoretical source of the ecological environment damage compensation system.Marx believes that the essence of public goods is to meet the public interest demand of social existence and development.The essential characteristics of public welfare determine that the effective supply of ecological public goods should adopt the mode of social diversification and cooperation under the guidance of the state.The form of human civilization includes material civilization,spiritual civilization and ecological civilization.Ecological civilization symbolizes the harmonious coexistence between man and nature.Through the practice and exploration of the primary stage of socialism,the Party and the state have always attached great importance to the construction of ecological civilization.In the process of further strengthening the reform of ecological civilization system,Comrade Xi Jinping creatively proposed that “a good ecological environment is the fairest public product and the most popular welfare of the people's livelihood”.Comrade Xi Jinping's theory of ecological public goods is the embodiment of Marxism in China and it is also the inheritance and development of Marx's theory of ecological public goods.

The damage to the ecological environment itself should take the major responsibility for the frequent environmental crisis.The damage of the ecological environment targeted at the damage of the environmental elements,biological elements and ecological functions constituted by the elements.The extension and connotation of the concepts of “naturalelements” and “biological elements” defined in the compensation for ecological environmental damage coincide with the “ecological public goods” which represent the complex of environmental elements,that is,they are necessary for human development.All the environmental elements belong to all mankind.Such coincidence is not a coincidence.Marx's thought of ecological public goods analyzes the relationship between man and nature from the perspective of product value and overall supply,and recommends that we should respect nature and conform to nature,and that man and ecological environment are symbiotically linked.Ecological products are as important as material products and cultural products,or even more important.One of the working principles of the ecological environment damage compensation system is to embody the ecological function value of the environment and resources,and to prompt the compensation obligor to restore the damaged ecological environment.The system of compensation for ecological environment damage enjoy the same value goal with Marx's theory of public property.Therefore,the system of compensation for ecological environment damage can take the Marxist thought of ecological public goods as the theoretical basis,and provide the ideological guidance and theoretical guarantee by Marx's thought of ecological public goods.

Issued by the General Office of the Central Committee and the General Office of the State Council in 2015,“Pilot program for the reform of the compensation system for ecological environmental damage”indicates that the above mentioned pilot program should be carried out in seven provinces and cities.After two years of pilot exploration,the General Office of the Central Committee and the General Office of the State Council issued the“Reform scheme for the compensation system for ecological environmental damage”in November 2017(Hereinafter referred to as “the reform scheme”),which requires the system of compensation for ecological environment damage should be tried out in the whole country since January 1st 2018,which indicates that the reform of the system of compensation for ecological environment damage has entered the national trial stage from pilot in advance.The introduction of“Reform scheme”enhances the ecological civilization system reform of our country to a new level,and it will effectively promote the sustainable development of economic and society.On the way of exploring the ecological environment damage compensation system,it is very important to lay atheoretical foundation.Only when the theoretical foundation is solid,the concrete system can be constructed and the perfection process can be realized.Marx thought that ecological public interests should be confirmed and protected by the state as a whole,while considering the integrity and publicity of public goods,we should also realize the diversified social cooperation on the supply of ecological public goods.Marx's thought of ecological public goods is practical,so it is of practical significance to transform the theory on paper into practical action.The supply of ecological public goods into the ecological environment damage compensation system,can give specific subjects which represent the ecological public interests to claim for compensation,and to improve the ecological environment damage compensation system framework as a logical starting point.

Keywords:Marxist theory of public goods;Ecological environment damage;Theoretical basis;System construction