The Construction And Development Of The Civil Liability Of Restitution In The Perspective Of Ecological Restoration

The extensive economic development led to the overall deterioration of the ecological,environmental infringement case occur frequently in recent years.In this regard,the legislative and judicial interpretation in China by strengthening environmental tort liability relief to victims,sanctions and curb environmental violations for ecological restoration,that is more significant than ever before.The tort liability Law take the type of damage caused by environmental pollution as an independent type of special tort shall be clearly defined.But almost all of the existing provisions is conservative,did not have a substantive innovation.In environmental tort case,restitution often appears in the form of administrative sanctions and it is relatively rare in environmental civil litigation.Judicial interpretation of environmental tort fail to respond effectively to the limitation of liability of restitution in traditional civil law to environmental tort.It is a significant problem that restitution from the traditional civil law how to show the value and function in the environmental tort law.Restoration of original condition is the one of the ways of liability.The author will be classified as "restitution as the standard of compensation for damage" and "restitution as the way of liability ”.The author through the restitution of civil liability applicable to a large number of cases of environmental infringement.Based on the restitution of civil liability applicable to environmental tort case types and combines academic research,found that restitution in kind still exist problems in the environmental tort law for example civil liability in environmental civil infringement is difficult to apply,difficult to repair,and so on.In environmental law,the ideal should be to maximize the ecological value and functions of repairing damage,fully protect the interests of victims complete,agreement accountability principles.But its effectiveness still has big problems of both rationality and recovery criteria.According to the above analysis path,we can find a restitution responsibility in environmental torts in the path of development,that is reshaping the restitution of reasonable standards,expanding recovery.Current research situation is the main performance of the legislative approach,author think,environment infringement specification system has basic formed,on recovery undisturbed responsibility of legislation on the of research should established,therefore paper to legal provisions for research beginning,combined judicial case and the academic analysis and distribution of to extraterritorial compared analysis.traditional civil and environment method in the of structure is different,Starting from the legal provisions.Based on the analysis of judicial precedents and theories to clarify the restored structure.To explore the way of restoration and reasonable standards in the field of ecological restoration and provide mirror for future legislation and application of law.