Study On Ecological Environmental Resto Ration Responsibility

Responsibility for ecological environment restoration is a new way of responsib ility that has been produced and gradually improved in judicial practice in recent y ears in order to relieve the damage of the ecological environment itself.As the cor e responsibility of ecological environmental damage relief,it has become the focus of environmental justice practice.And it is expected to be included in the Civil Co de Tort Liability Law in the future.The responsibility for ecological environment restoration is to fill the ecological environment damage,and the ecological environment damage has typical public we lfare.The protection of the ecological environment reflects the trend of socialization of civil law and the expansion of the scope of environmental tort protection.Judic ial understanding and judicial practice promulgated by the Supreme Law are more i nclined to use it as an expanded explanation of the responsibility of restitution in t he relief of ecological damage.This paper identifies such responsibility as a new ty pe of environmental tort liability by analyzing the normative significance of restituti on and the form of liability in tort law.The application of the responsibility for ecological environment restoration at th is stage is mainly based on Article 64 of the Environmental Protection Law,Article65 of the Tort Liability Law,and Interpretation of Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation Ca ses and The Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Tort Liability Disputes.The judici al interpretation of the Supreme People's Court made the responsibility for the resto ration of the ecological environment as the concrete manifestation of the responsibil ity of restoring the original state in the field of ecological environment,and made preliminary provisions on the main body of the responsibility for the restoration of the ecological environment and the way of fulfilling it.However,the legal language of the responsibility for ecological environment restoration in the judicial interpreta tion is highly summarized and abstracted,and there is no clear definition of the re pair method and the use of repair funds.In view of this,how to transform the ori ginal state of individual responsibility in private law into the responsibility of repair ing the characteristics of ecological environment damage,and to carry out theoretica l reshaping is the first problem that needs to be solved when judicially applying th e responsibility for ecological environment restoration.Three claims subjectes can file a claim to repair the ecological environment.B esides that,Characteristics based on ecological environment and its damage that aredifferent from general private benefits,so in addition to the general applicable con ditions for the restoration of the original state,the ecological environment restoratio n responsibility also needs to meet the three applicable conditions for the implemen tation of the ecological environment damage behavior,the identifiable ecological en vironment damage and the ecological environment damage repairable.In terms of the specific commitment of such responsibility,this paper first anal yzes the subject of responsibility.In judicial practice,the restoration target needs to be embodied.Under the guidance of the principle of ecological total balance,the restoration target should be specifically determined based on environmental quality s tandards and combined with environmental damage assessment.In terms of the spec ific responsibility of the responsibility,it is necessary to adopt appropriate repair m ethods according to the actual situation,adhere to the principle of repairing behavio r,and pay for the repair cost.In addition,some innovative ways of repairing judici al practice must be rational,and only limited innovation within the scope permitted by law.Finally,when choosing the responsibility method,we should insist on the principle of prevention over compensation,compensation,and repair over the mone tary compensation.