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构建环境救助报酬制度,按照传统的物权思维,应采用海洋环境标的立法模式,但该模式存在许多障碍,难于付诸立法实践。按照侵权责任思维,可采用环境损害责任标的立法模式,该立法模式具有可行性特征。推进环境救助报酬制度建构,应从传统的物权思维转换到侵权责任思维,采用环境损害责任标的立法模式。环境损害责任作为救助标的,须定位于可以经济价值量化的民事环境损害责任,同时还须按照生态化要求对环境损害内涵进行重构。
According to the traditional thinking of property rights, the legal system of marine environmental standard should be adopted to construct the system of environmental aid compensation. However, this model has many obstacles and is difficult to put into practice. According to the thinking of tort liability, the legislative mode of the target of environmental damage liability can be adopted, and the legislative mode is feasible. In order to promote the construction of environmental aid payment system, we should shift from the traditional thinking on property rights to the thinking of tort liability and adopt the legislative mode of the target of environmental damage liability. Environmental damage liability, as the subject of assistance, shall be located in the responsibility of civil environmental damage quantified by economic value, meanwhile, the connotation of environmental damage must also be reconstructed in accordance with the requirements of ecologicalization.