论环境损害及其救济-环境与资源保护法学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II 方面，优先选择恢复原状，辅之以损害赔偿；在针对司法救济不畅的情况下，建立 环境公益诉讼，赋予环保团体以公益诉讼主体资格，畅通司法救济的渠道，是我们 应该努力的方向；最后在法律救济无法囊括的方面，辅之以社会化救济制度是完善 我国的环境损害救济制度必不可少的一部分。 关键词：环境损害 环境利益 法律救济 III III Abstract This paper first analyzes all kinds of the perspectives on environmental damage, and puts forward a different definition of environmental damage concept understanding. This paper holds that environmental damage is to the environment, namely the damage itself, rather than in the tort liability law in environmental tort understand sense environment media caused personal injury and property damage. Because the environment is a kind of public goods, whose load is peoples environmental interests, this kind of environmental interests in a certain area is within the scope of the indivisibility, non-exclusive and features such as integrity, so environmental damage in essence is a kind of environmental interests damage. Environmental damage legal relief foundation is the environmental benefits that is environmental interests, rather than environment and it is in the interests of the human body and has to meet the needs of the people of the attribute that to the persons usefulness. So environmental damage legal relief essence is protecting the environment interest requirements, which is the environment damage relief foundation of reality. In the legal, each department has its own unique PE department, and environmental interests beyond doubt that should be the department of the environmental law, which is the legal basis for environmental damage relief. The proverb is a cloud: there are damage there is relief, for environmental damage, environmental law in the environmental responsibility principle, for the environmental damage legal relief provides the environment according to law. At present, comprehensive our country environmental damage situation of legal relief, it is not hard to find that environmental damage relief there are still many problems need to be