论我国生态损害的法律救济-环境与资源保护法学专业论文.docx

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract The ecological damage is State of objective facts which is against to the basic elements of ecological or ecosystem as a whole target.It is different from the traditional tort damages and independent existence.This thesis is refer to the views of scholars at home and abroad,the ecological damage is defined as in the process of development and utilization of natural,people did not observe the laws of nature leading to ecological basic elements of ecological functions, structure, or even the entire ecosystem having serious changes. The Perspective of ecological civilization,we should be guided by the concept of sustainable development,dealing well with the human and nature, human relationships. Modern environmental ethics admit the intrinsic value of the environment. Legal theory protect peoples interest of ecological .They provides a theoretical basis.from the ethics and jurisprudence for the relief of ecological damage. In this thesis,faceing relief of ecological damage suffering the lack of legislation and the shortcomings of institution,proposes recommendations that should be established litigation and the social relief system of ecological damage.When the responsible person can be determined,we can pursue the liability for damages through the way of ecological damage litigation; Contrary,if the responsible person can not be determined or it is difficult for him to take the responsibility, The state should actively encourage the Social system such as establishment of ecological liability insurance, Eco-fill the funding and financial guarantee to Share of ecological damage. Key words: Ecological damage The intrinsic value of the environment Ecological interests litigation Socialization III III 目 录 摘 要 I Abstract II 1 生态损害概述 1.1 生态及其相关概念 (1) 1.2 生态损害的法律界定 (2) 1.3 生态损害的法律责任 (6) 2 生态损害救济的理论基础 2.1 伦理学基础：可持续发展伦理观——承认环境的内在价值 (10) 2.2 法理学基础：法益理论——保护人类的生态利益 (12) 3 我国生态损害救济所遭遇的法律困境 3.1 我国生态损害救济存在立法缺失 (17) 3.2 我国环境侵