关键词: 生态环境损害赔偿, 《生态环境损害救济法》, 环境保护义务

Abstract: The normalized demand for ecological environmental damage responsibility， the legitimacy crisis of the system， and the shift of policies constitute the timing of China's legislation on ecological environmental damage compensation system. Based on the public nature of ecological environmental damage， China should formulate the Ecological Environmental Damage Relief Law which adopts the theory of independent environmental damage， and follows the logic of national environmental protection obligations to build ecological environmental damage compensation system. To maintain the legislative space of different laws， the scientific orientation of the Ecological Environmental Damage Relief Law must consider the similarities and differences between the law and environmental protection laws， and should also consider the adjustment and convergence with other laws. At the same time， it should focus on difficult issues such as the transfer of damage compensation from private law to public law， the coordination of administrative power and judicial power， the clarity of the nature of compensation consultation and the clarification of the nature of the two suits. In this way， the eco-environmental damage relief rules of the coexistence of multi-paths that include the priority of administrative orders， the up-fronting of consultations and the last option of litigation are constructed.

Key words: ecological environment damage compensation, Ecological Environment Damage Relief Law, environmental protection obligation