On The Proper Rules Of Civil Liability For Ecological Restoration In China

With the aggravation of the problem of environmental destruction,the responsibility of ecological restoration,as one of the effective relief ways to deal with ecological problems,has gradually entered into the civil field.In the Civil Public Interest Litigation plays a particularly important role,but the law on ecological restoration of civil liability for specific rules of the problem is not clear.In order to promote the civil liability of ecological restoration in the civil law to better play its purpose of protecting the ecological environment,this paper studies the applicable rules of civil liability of ecological restoration in China.First of all,there are different understandings in the theoretical circle and in the judicial practice of what is the specific civil liability of ecological restoration and ecological restoration,thus resulting in confusion of several similar terms Its connection with restitution is also related to its legal status in the civil law.Secondly,it summarizes the existing legal provisions and judicial experience to further analyze the ecological restoration of civil liability in the specific application of what difficulties exist,how to improve the civil liability of ecological restoration recommendations.Finally,the perfection of the applicable rules of civil liability for ecological restoration needs to be based on the premise that the environmental right protected by Civil Law and the unique position of ecological restoration liability in the tort law,so as to further perfect in the concrete practice Civil subjects need to bear the responsibility of the basic requirements to meet the scope of responsibility,the way to achieve ecological restoration of the responsibility,and which subjects need to bear the responsibility and the distribution of responsibility among the rules of the relevant provisions.In Civil Law,the ultimate purpose of applying civil liability for ecological restoration is not only to punish those who destroy the ecological environment,it is also a response of Civil Law to the strong demand of social reality in order to alleviate and recover the serious environmental damage problem under the background of rapid political and economic development.