Research On Responsibility Of Ecological Environment Restoration

Under the current law,there are two kinds of liability for ecological environment restoration,administrative liability under the environmental law and civil liability under the judicial interpretation.As far as its application is concerned,administrative control has inherent drawbacks and can not meet the needs of environmental protection.Civil norms focus on the personal and property rights of private civil subjects,which can not provide strong support for ecological environment damage.Although judicial interpretation has responded to the responsibility of restoring the damaged ecological environment,it has also been criticized for lack of substantive law basis.Therefore,it is necessary to establish the responsibility of ecological environment restoration through civil substantive law.At present,it is a critical period for the compilation of the Civil Code.It is feasible to incorporate the responsibility of ecological environment restoration into the compilation of tort liability in the Civil Code.Tort law relief for ecological environment damage is based on the existence of the right of claim.There are two main ways to construct the private law protection of the ecological environment: the theory of environmental rights and the theory of state and collective ownership,but both of them are inadequate.The theory of state and collective ownership can be perfected through the establishment of public property system in the compilation of property rights,so as to realize the construction of private law of ecological environment protection.In Chinese Law system,civil liability is regulated by the way of endless enumeration,and the word "mainly" reserves space for the responsibility of ecological environment restoration.The responsibility of ecological environment restoration is an independent environmental tort liability,which is the ecological expression of reinstatement in the field of environmental tort.As a way of assuming responsibility for environmental tort,the responsibility of ecological environment restoration should be well coordinated with other environmental tort liabilities.Elimination of infringement,as a relief means to prevent the occurrence or expansion of ecological environmental damage,should be in the first place.For the remediation of the ecological environment damage that has occurred,The responsibility of ecological environment restoration should be put in the first place,and compensation for loss should be the last way of relief.The application of ecological environment restoration responsibility should meet three requirements: Firstly,as a way of assuming responsibility for environmental infringement,ecological environment damage should belong to the scope of adjustment of environmental infringement system.At present,there are two limitations in the application of environmental tort system.One is that environmental pollution tort system does not apply to adjacent environmental pollution damage,and the other is that environmental tort system only aims at the situation of environmental pollution.Actually,environmental tort system are supposed to apply to all Eco-environmental damage.On the one hand,the concept of neighbouring relationship can be considered through the screening of damage through the elements of environmental tort.On the other hand,Destruction of ecology and pollution of the environment as the cause of environmental damage,there is a unified basis for regulation.Secondly,as an ecological expression of reinstatement,the responsibility of ecological environment restoration should meet the general requirements of reinstatement in the field of environment tort.In view of the characteristics of ecological environment and the progress of science and technology,the standard of possibility of environmental restoration should be reduced.Considering the value of ecological environment itself,the economic rationality should be further weakened,but the case study should still be carried out.Finally,the application of the responsibility of ecological environment restoration should meet the needs of ecological environment damage.Ecological environment restoration includes natural restoration and artificial restoration.The responsibility of ecological environment restoration is artificial restoration,so it is necessary that the damaged ecological environment can not be repaired naturally within a reasonable period.The specific responsibility of ecological environment restoration includes three aspects.In the aspect of subject relationship,we should broaden the subject of claim for responsibility of ecological environment restoration.Governments,public welfare organizations,procuratorates and citizens can all file applications for ecological environment restoration.Citizens and non-qualified public welfare organizations should fulfill corresponding obligation of notification when filing environmental tort lawsuits.Public welfare lawsuits can be used as alternative remedies for private ecological environment damage.The liability for ecological environment restoration should follow the basic theory of civil law so that we should not overly broaden the subject of liability for environmental protection,but it does not exclude the application of joint liability when the company's personality is confused,employees have intentional or gross negligence.In addition,there is unreal joint-liability between the third party and the infringer for the ecological environment damage caused by the fault of the third party.Regarding the standard of restoration,it is not necessary to make a unified regulation at the legislative level.Environmental quality standard should be taken as the main basis in practice,and the standard of restoration should be determined by comprehensive analysis of scientific,social,economic and political factors.In terms of the way of realization,The principle should be that the responsible person should pay for ecological environment restoration,with the exception of the responsible person's self-repair.In order to ensure that the cost of ecological environment restoration is not abused,it is more appropriate for the responsible person to pay the cost of ecological environment restoration directly to the third-party restoration institutions.