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作为环境法应然法益的环境利益可以界分为生态利益和资源利益两大类。生态利益是随着经济社会发展而出现的具有普遍需求和广泛冲突的新型利益,需要法律的全面保护和调整并进而成为环境法的实定法益。在法学的利益谱系中,生态利益是具有“区分性”特点的公共利益。生态利益衡平是环境法律应然功能之一,环境立法应当处理好生态利益与资源利益、经济利益的衡平,生态利益在不同主体之间、不同区域之间的衡平。同时,要以生态利益衡平为出发点和基本方法,着力构建生态利益有效供给制度、生态利益合理补偿制度、生态损害赔偿制度等保障制度,实现利益相关者责、权、利的统一。
The environmental benefits that should be the legal benefits of environmental law can be divided into two categories: ecological benefits and resource benefits. Ecological interest is a new type of interest with general needs and extensive conflicts that emerge along with the economic and social development. It requires the full protection and readjustment of the law and hence the legal benefits of environmental law. In the pedigree of law, the ecological interest is the public interest characterized by “distinction ”. The balance of ecological interests is one of the functions of environmental law. Environmental legislation should handle the ecological benefits and resource benefits, the balance of economic benefits, and the balance of ecological interests among different subjects and between different regions. At the same time, it is necessary to take the balance of ecological interests as the starting point and the basic method, and strive to build a guarantee system of an effective supply of ecological benefits, a reasonable compensation of ecological benefits and a compensation system of ecological damage so as to achieve the unification of responsibilities, rights and interests among stakeholders.