| The frequent occurrence of problems like environmental deterioration and ecological function decline reminds us of the urgency and necessity of setting up the responsibility for ecological restoration.New types of damage in the field of ecology are defined uniquely.We call these new types of damage Eco-environmental damage.And,the solution of ecological environment damage cases has also been emphasized with people’s attention to ecological civilization.As a result,in order to respond effectively and solve a series of problems caused by ecological environment damage to the greatest extent,the responsibility of ecological restoration has been derived.However,from the relevant legal documents and judicial practice,it is worth discussing the interpretation of the ways of assuming responsibility for ecological restoration.As a new way of assuming environmental legal responsibility,it may re-examine its foundation and perfect its realization path.This paper consists of introduction and three parts of the main body,among them:The introduction is divided into two parts.The first part elaborates the background and significance of the topic,and the second part is an overview and analysis of the relevant literature on the research object of this paper-the ways to bear the responsibility of ecological restoration.The first part is an overview of the research target.As known,it is feasible and necessary to assume the responsibility of ecological restoration.The authorstarts with the concept,characteristics and elements of the ways to bear the responsibility of ecological restoration,and then makes a detailed integration of the theoretical basis of the ways to bear the responsibility of ecological restoration.The second part analyzes the existing problems from the legislative and judicial perspectives based on the development status of ways to bear the responsibility of ecological restoration in China.The main problems include unclear constituent elements of the ways to bear the responsibility for ecological restoration in China,imperfect legislative basis and the urgent need to improve the realization mechanism.The essential reason lies in the insufficient difference between the damage of ecological environment and the damage of private rights,the deviation in the concept of ecological restoration,the complexity of identifying the causality of the responsibility of ecological restoration,and the inadequate cooperation between public and private institutions in ecological restoration.The third part puts forward the perfect ways to bear the responsibility of ecological restoration in China.Firstly,it is required to establish and improve the legislative basis for the ways to bear the responsibility of ecological restoration,speed up the legislative process in the special field of ecological restoration responsibility,and improve the relevant legal norms.Secondly,it is necessary to clarify the elements of the ways to bear the responsibility of ecological restoration,that is,to standardize the applicable conditions of responsibility,to expand the eligible subject of responsibility,to optimize the form ofresponsibility,and to reconstruct the goal of ecological restoration.Thirdly,it is required to improve the implementation mechanism of ways to bear the responsibility of ecological restoration,improve the implementation procedures,establish acceptance procedures;standardize the repair cost account,implement compulsory insurance for environmental liability;comprehensively implement ecological restoration supervision,and encourage public participation. |