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在传统的民法框架之内,环境侵害司救济主要通过环境侵权制度得以实现,即使经过自身地不断调整,在面对环境侵害时,这种司法机制还是体现出很大的局限性。在此背景之下,环境侵害救济走上了社会化进程,这种进程对传统侵权法产生了重要影响,也引发很大争议。文章指出社会化进程对克服司法救济的局限性是积极的,它是侵权法自身功能强化。在风险治理的视角下,环境侵权法通过救济社会化实现了由事后救济到事前预防的功能转向。
Within the framework of the traditional civil law, the remedy of the Department of Environmental Infringement is mainly realized through the system of environmental tort. Even after its own continuous adjustment, this kind of judicial mechanism shows great limitations in the face of environmental violations. In this context, the remedy of environmental aggression embarked on the process of socialization, a process that has had a significant impact on the traditional tort law and has also caused much controversy. The article points out that the socialization process is positive in overcoming the limitation of judicial remedy, and it is the enhancement of its own function. From the perspective of risk management, environmental tort law through socialization of relief to achieve from the relief to ex ante function of prevention.