环境法的主要功能是预防损害,但却不具备赔偿损害的功能。侵权责任法以填补损害为首要功能,同时具备预防损害的功能。如今大部分构建了生态损害责任立法的国家,均将生态损害责任认定为侵权责任,依据侵权责任法对生态损害责任进行认定与归责。鉴于我国还未制定专门的生态损害赔偿责任法,现实中发生的生态损害事件,应适用侵权责任法对侵害人进行归责。由于生态损害损害赔偿数额非常高昂,很可能超出责任人的财产范围,为了实现对受损生态的充分填补,应适用个人责任与社会化责任相结合的综合填补机制,对受损生态进行恢复与补救。为了实现责任的公平分担,还应设定合理的社会化责任范围与责任分配机制。 The main function of environmental law is to prevent damage, but it does not have the function of compensating for damage. Tort law to fill damage as the primary function, along with the function of preventing damage. Nowadays, most of the countries that construct the ecological damage liability legislation recognize the ecological damage liability as the tort liability, and recognize and blame the ecological damage liability according to the tort liability law. In view of the fact that our country has not made a special law of ecological damage liability and the ecological damage occurred in reality, the law of tort liability should be applied to the assailant. Since the amount of damages for ecological damage is very high, it is likely to exceed the scope of the property of the responsible person. In order to fully compensate for the damaged ecology, a comprehensive compensation mechanism integrating individual responsibility with social responsibility should be applied to recover the damaged ecology. remedy. In order to realize the fair share of responsibility, we should also set reasonable scope of social responsibility and responsibility allocation mechanism.