生态环境损害责任替代性履行的二元体系构建OACHSSCD

In current judicial practice and academic research,there is a tendency to view innovative at-tempts such as"purchasing carbon credits,labor compensation,and technological transformation offsets"as extensions of alternative restoration and to promote them.This approach not only highlights the gener-alization and arbitrariness of alternative restoration but also squeezes the application space of ecological environment damage compensation liability,making the logic of judicial decisions difficult to be self-con-sistent.To avoid this drawback,we can rely on the binary responsibility system of"restoration+compen-sation"for ecological and environmental damage,integrate innovative ways of fulfilling ecological envi-ronment damage liability into a whole,and extract the concept of"alternative fulfillment",and then con-struct its binary structure of"alternative restoration"and"alternative compensation".Specifically,alter-native restoration should aim at"equivalent restoration"and can be positioned as an alternative way of fulfilling the responsibility of ecological environment restoration;alternative compensation refers to an al-ternative fulfillment method for the responsibility of ecological environment damage compensation when the responsible party is unable to pay the full amount of monetary compensation.The distinction and i-dentification between the two cover multiple dimensions such as the connotation,legal nature,value func-tion,realization method,and application rules of substitution.This distinction not only helps to solve the practical problem of excessive expansion of alternative restoration but also promotes the standardized ap-plication of judicial innovation achievements and prevents judicial arbitrariness.