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在生态文明语境下,建立和完善生态环境损害法律责任制度至关重要。为此,就需要厘清生态环境法律责任的性质、承担方式和救济途径。为此,我们选择了一组论文就此展开专题讨论。《论〈侵权责任法〉第68条之部分连带责任性质》一文从《侵权责任法》第68条性质之争议谈起,分析了“部分连带责任”说的合理性以及环境侵权司法解释与《侵权责任法》之契合之处。《生态修复法律责任之偏见与新识》一文则认为,生态修复法律责任与环境法律责任存在显著区别,在此基础上进一步明确了其法律性质和承担方式。《美国水污染损害评估法制及其借鉴》一文则以比较法视角分析了美国水污染损害评估法律实践及其借鉴意义,进而从法律救济的角度提出了健全和完善我国水污染损害评估法制的对策建议。
In the context of ecological civilization, it is of vital importance to establish and improve the system of ecological liability damage to law. Therefore, it is necessary to clarify the nature of the legal responsibility of the ecological environment, ways to undertake and ways of relief. To this end, we have chosen a group of papers on this topic. On the Nature of Joint and Several Liability in Article 68 of Tort Liability Law From the controversy over the nature of Article 68 of Tort Liability Law, this article analyzes the rationality of the theory of “joint and several liability” and the judicial interpretation of environmental tort And the “Tort Liability Act” of the fit. The article “Prejudice and New Understanding of Legal Responsibility of Ecological Rehabilitation” holds the view that there is a significant difference between the legal responsibility of ecological restoration and environmental legal responsibility, on the basis of which, the legal nature and ways of undertaking are further clarified. The article “The Legal System of Water Pollution Damage Assessment in the United States and Its Use for Reference” analyzed the legal practice of water pollution damage assessment in the United States and its significance for reference from the perspective of comparative law, and put forward the countermeasures to perfect and perfect the legal system of water pollution damage assessment in China from the perspective of legal relief Suggest.