对于环境侵害排除,法院要作出判决,不仅要审查是否具备行使要件,而且要对构成判定要件的诸多因素进行利益衡量。构成判定要件的因素具有个案性、主观性、不确定性特征;利益衡量之规则主要包括:权利位阶规则、公共利益规则、经济利益规则和社会伦理规则;利益衡量多采用调和性的侵害排除方式。 For the exclusion of environmental violations, the court should make a judgment not only to check whether there are exercise conditions, but also to weigh the many factors that constitute the elements of judgment. The factors that constitute the elements of judgment have the characteristics of case, subjectivity and uncertainty. The rules of interest measurement mainly include: the rules of rights and position, the rules of public interest, the rules of economic interest and the rules of social ethics; the measure of interests is mostly eliminated by the mediation the way.