海南师范大学学报(社会科学版)

《中华人民共和国生态环境法典》首次将生态环境信用监管制度法律化，实现了政策话语向法律话语的转化，具有重大的立法贡献。《中华人民共和国生态环境法典》实施背景下，作为生态环境信用监管保障性制度的生态环境信用责任制度亟待体系化、规范化。生态环境信用责任制度存在重失信惩戒措施规范制定轻措施实施、重信用权益保护倡导轻具体规范实化等诸多问题。应当建立生态环境信用责任二分理论，其中特有责任理论是失信惩戒措施得以合法实施的理论基础；普通责任理论为生态环境信用权益人的合法权益提供系统性保护。基于生态环境信用责任二分理论，体系性健全责任实现规则，即严格规范生态环境“失信”的边界规则，建立信用修复前置免责规则，健全失信惩戒措施实施权的限制规则；健全生态环境信用权益侵害的民事责任、行政责任和刑事责任规则。

The Ecological and Environmental Code of the People's Republic of China has for the first time legal‑ized the ecological environment credit supervision system and transformed the policy discourse into the legal dis‑course, thus making a significant legislative contribution. In the context of the implementation of The Ecological and Environmental Code,the ecological and environmental credit liability system, as a protective system for ecologi‑cal and environmental credit supervision, urgently needs to be systematized and standardized, since the ecological and environmental credit liability system is faced with numerous issues, such as an overemphasis on the formula‑tion of norms for dishonesty punishment measures and a neglect of their implementation,as well as an excessive stress on the advocacy of credit rights and interests protection and a failure to refine relevant specific norms. It is necessary to establish a binary theory of ecological and environmental credit liability,with the specific liability theory serving as the theoretical foundation for the lawful implementation of dishonesty punishment measures,and the general liability theory providing systematic protection for the legitimate rights and interests of subjects entitled to ecological and environmental credit. Based on the binary theory of ecological and environmental credit liability,efforts should be made to systematically improve the rules for liability fulfillment,that is,the strict regulation of the boundary rules for "credit dishonesty" in ecological and environmental aspects,the establishment of pre-exemption rules for credit restoration,as well as the improvement of the restriction rules governing the enforcement power of dishonesty punishment measures. Meanwhile,it is essential to refine the rules concerning civil,administrative and criminal liabilities arising from infringements upon ecological and environmental credit rights and interests.