Research On Ecological Remediation Of China’s Legal System

The ecological environment is the foundation of human survival and development, it provides a basis for the material conditions for us. However, with the development of human society, human and ecological relationships become increasingly tense. From worship to conquer nature, ecosystem under the rapid development of human society is gradually break the balance, and ecosystem service is increasingly weakened. Until the last century, with the outbreak of the "Eight Major Public Nuisance", humans began to change the traditional thinking. Pursuit of sustainable development, to achieve the harmony between human and nature has become a mainstream trend in human development.After the environmental crisis, western countries have taken different measures to protect the ecology, such as legislation and technical means. Ecological remediation and its legal system also appeared at this time. After nearly three decades of their efforts, the West saw the blue sky again. View regression, since our country reform and opening up, we also made a lot of effort on environmental protection. But with the rapid development of the economy and society, the overall ecological problems have not been effectively alleviate. The serious pollution in many areas still occur. To avoid duplication of the Western countries have gone through the "public nuisance" road, we can draw lessons from the West experience of the construction of the ecological restoration and its related legal system. For establishing a society of ecological civilization in our country and successfully across the ecological pollution emissions "inflection point" to lay a solid foundation.However, the practical application of technology benefits the country, in addition to models launched in the market and requires a lot of money, it also needs state’s support at the institutional level. By using legal means to promote and adjust the practice of ecological remediation techniques, and through corresponding incentive mechanism to encourage citizens, enterprises, institutions and social organizations to effectively participate in, then not only can we improve the effort of ecological remediation, but also we will be able to better achieve the harmonious development in human and nature. In addition, the science and technology is a double-edged sword, in the use of technology to restore the service function of ecosystem health and system at the same time, we must also realize the possibly negative impact of ecological remediation technology. Therefore, it’s necessary to use legal measures to adjust and control the development of the technology and its practices. Since entering the new century, technology research and practice on ecological remediation in our country has rapidly developed. But the relevant legal provisions for it still exists many blank in our legal system. The application of ecological remediation and its risk control is extremely unfavorable. Therefore, the legal system of ecological remediation on corresponding research to provide the theoretical basis for the ecological remediation of legislation has become one of the urgent task need to complete in current.This paper includes seven parts, namely introduction, the five part of the text and the conclusion.The first part, the preface, through the topic and its significance of the question in this paper, I briefly reviewed the situation of current research about this topic.The second part, I discussed the basic theory of ecological remediation. Firstly, I defined the concept of ecological remediation, in order to avoid the confusion of concepts of subsequent study. In addition,the author discussed the legal system of ecological remediation and its theoretical basis. After this, I also analyzed the subject, object and content of the legal relationship of ecological remediation.The third part, I discussed from the two aspects in this part:the legitimacy and necessity for China to build ecological remediation legal system. From the legitimacy of the legal system of ecological restoration, is conducive to the realization of the fair value method, and in the perspective of social change, but also conducive to China’s economic and social development. From the current practice of ecological remediation and the concept of scientific development and ecological civilization construction point of view, the author thought that the construction of the legal system of ecological remediation is very necessary.The fourth part, through to the current our country’s ecological remediation of legal status and its practical analysis, I pointed out the emergence of the stage of the legal system in the presence of defects and problems in ecological remediation practice still exists.The fifth part, I focused on the foreign legal system and their practice on ecological remediation through a short introduction, the author discussed the ecological remediationmode of foreignexperiences which could give our country and provide enlightenment.The sixth part, around the values and basic principle concept of ecological remediation legal system, with the basis of accurate target location, the author put forward to perfect a reasonable legal system, its legal relationship and related some security system.The seventh part, conclusion, an overview of this topic of conclusion and research deficiencies.From the result of this study:It’s necessary to perfect an ecological remediation legal system from the constitutional law to the basic. By drawing on the advanced experience of the western country, we should focus on the value of the concept and basic guiding principle, making accurate targeting, based on the legal relationship to build and improve the eco-remediation, fulfilling the legal relationship of the subject to a wide range, so that to make the implementation of ecological remediation be clear. Complete the content of legal relationship, ensure the rights of subject, promoting them to actively corresponding obligations at the same time, or undertake their legal responsibility. In addition, in order to guarantee the implementation of the law, we should also establish a series of perfect legal protection system.