On The Government’s Responsibility Of The Ecological Environment Restoration

Ecological environment restoration is the purpose of the legal relief provided for ecological environmental damage is to order the relevant responsible subjects to take various measures to restore the function and value of the damaged ecological environment.As the responsibility of ecological environment damage,ecological environment restoration can provide maximum and direct relief to ecological environmental damage,which is guided by environmental public interests and has public nature.The design of liability system should take the function of realizing this responsibility as the standard,and the responsibility of ecological environment restoration has the function of restoring the damage of ecological environment and the balance of interests of all parties under the damage of ecological environment,and accordingly,the distribution of the responsibility of ecological environment restoration,the purpose of the restore function and the equalization function must be to realize the responsibility.However,there are defects in the current distribution mode of the responsibility of ecological environment restoration,which can not fully realize the function of responsibility,and will seriously weaken the restore function and the equalization function of responsibility.In this regard,how to reasonably define the government’s responsibility for ecological environment restoration has become the key.Academic circles have paid attention to this problem,but the existing research results have failed to carry on the systematic analysis to this problem,so it is necessary to study and demonstrate the government’s responsibility for ecological environment restoration.The defects of the current distribution model of the responsibility of ecological environment restoration are the realistic basis for the establishment of the government’s responsibility for ecological environment restoration,and the national environmental protection obligation can provide a legitimate source for the government’s responsibility for ecological environment restoration,and the government’s environmental responsibility system also provides the system support for the government’s responsibility for ecological environment restoration.Therefore,should take the complete realization of the responsibility function as the goal,construct the government’s responsibility system of ecological environment restoration,in order to completely relieve the ecological environment damage,to achieve the fairness and justice.The responsibility of ecological environment restoration undertaken by the government under different circumstances will be different,so it is necessary to classify the government’s responsibility form according to different circumstances,and to construct the responsibility system of the government’s responsibility of ecological environment restoration from the aspects of responsibility scope,responsibility recovery and responsibility guarantee.By using the theory of liability form of tort law,the government’s responsibility of ecological environment restoration can be divided into separate responsibility,supplementary responsibility and final responsibility.Under the separate responsibility,the government should bear all the responsibility for restoring the ecological environment damage caused by its own actions alone,the government is the first person responsible,and there is no right of recovery.Under the supplementary responsibility,the government indirectly causes the ecological environment damage because it fails to fulfill the reasonable safety guarantee obligation of environmental quality.At this time,the Government should bear the supplementary responsibility of the second position to the extent that the perpetrator of ecological environmental damage cannot be held liable,and shall not have the right of recovery for the restore expenses incurred within the scope of the damage which it can prevent or stop.Under final responsibility,the government needs to take responsibility for restoring the damage to the ecological environment that has not been restored for various reasons,such as the unknown perpetrator of the damage,the loss of the injured perpetrator,the lack of capacity of the perpetrator,and so on,at this time the government is responsible for the final responsibility.After taking responsibility,government can recover the restore cost from the perpetrator of ecological environment damage.In addition,for the restoration of the urgency of ecological environmental damage,due to the need for timely relief,the government also needs to bear the responsibility of restore,but this is not an independent form of responsibility,at this time the government in the position of responsibility is the first,but whether enjoy the right to recover depends on the form of government responsibility.In the face of complex ecological environmental damage,there are limits to the capacity of the government,and ecological environment restoration,as a public welfare that benefits the public,requires the establishment of an ecological environmental restoration fund for cost sharing,but for the sake of rational use of the fund,the government can only apply for use if it assumes final responsibility.The government as the representative of the public interest will also fail,which leads to the government dislocation to assume the responsibility of repair,at this time need to rely on the environmental administrative public interest litigation system to correct it.