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在以环境为媒介而引起的损害中,不仅有财产性利益的损害和精神性利益的损害,还有生态性利益的损害。生态性利益的损害不宜纳入传统的侵权法予以救济,其与环境法的价值理念存在天然的契合。通过对新型损害的观察,其表现为一种非财产性损害、非独立性损害和负外部性损害,具有损害客体的生态性和公益性,损害的不确定性等特性。损害的加害主体和受害主体都是不特定的多数人,需要在个案中具体确定,客体是公众环境的生态性利益。生态性损害具有不同于传统损害的表现形式和特性,其在救济制度的选择上也应该符合这类损害的特殊需要,运用公益诉讼的方式救济生态性损害。关于何种生态性损害可以通过法律予以救济,要结合一定阶段的经济社会、科学技术发展水平,通过不断完善包括公益诉讼和社会化救济方式在内的法律制度予以完善。
In the environment caused by the media, not only the damage of property interests and the spiritual interests of the damage, but also the ecological interests of the damage. The damage of ecological interests should not be included in the traditional tort law to be remedied, there is a natural fit with the value concept of environmental law. Through the observation of the new type of damage, its performance is a kind of non-property damage, non-independence damage and negative external damage, which has the characteristics of undermining the ecological and public welfare of the object and the damage of uncertainty. The damage victims and victim victims are all unspecified majority people. They need to be confirmed in individual cases. The object is the ecological benefit of the public environment. Ecological damage has different manifestations and characteristics from those of traditional damage. It should also meet the special needs of such damage in the choice of relief system and use public interest litigation to remedy ecological damage. As to what kind of ecological damage can be remedied by law, we should perfect it with the development of the economy, society and science and technology at a certain stage through continuous improvement of the legal system including public interest litigation and social relief.