The Research On Liability Of Eco-Environmental Restoration In China

Ecological environment restoration refers to the restoration of polluted natural environment and damaged ecological system by taking various necessary and reasonable measures to restore the ecological environment and the service function of the ecological system to the baseline level by utilizing the self-organization and self-regulation capability of the ecological system after the ecological environment damage occurs.The responsibility of ecological environment restoration is the best way to relieve ecological environment damage.Since the 18th National Congress of the Communist Party of China,China has attached great importance to the problem of ecological environment damage and strongly supported the protection and restoration of the ecological environment.The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Hearing Environmental Civil Public Interest Litigation Cases,issued in 2015,stipulates that if the plaintiff requests the defendant to restore the original state after the occurrence of ecological environment damage,the people's court may judge the defendant to assume the responsibility of restoring the ecological environment.The implementation of this judicial interpretation has made many innovations in the judicial practice of ecological environment damage,accumulated valuable experience,and greatly improved the protection and restoration of ecological environment.However,the Supreme People's Court has applied the responsibility of ecological environment restoration as a way to restore the original state.Many problems have arisen in judicial practice and many scholars in the field of environmental law have also raised objections.The purpose of this article is to study the nature of ecological environmental restoration responsibility,discuss the difference between it and restitution,and whether it should be applied as a separate environmental civil liability.At the same time,it analyzes the problems existing in the relevant laws and judicial practices of China's ecological environment restoration responsibility,and discusses how to better apply the ecological environment restoration responsibility in China.The research content of this paper is mainly divided into four parts:The first part defines the concept of ecological environment restoration responsibility,which is professional,public welfare and flexible.The responsibility of ecological environment restoration is not only a civil responsibility to protect the interests of ecological environment,but also a tort responsibility to relieve the damages of ecological environment.The responsibility of ecological environment restoration has the function of punishing the responsible subject and protecting the responsible object.The second part discusses the necessity and feasibility of applying the ecological environmental restoration responsibility as a separate environmental civil responsibility.Restitution cannot completely cover the responsibility of ecological environment restoration,which has great limitations in cases of ecological environment damage.Therefore,it is necessary to apply the responsibility of ecological environment restoration as a separate responsibility.At present,our country already has the legal basis and the judicial practice basis to apply the ecological environment restoration responsibility separately.The third part analyzes the problems existing in the legal and judicial practice related to the responsibility of ecological environment restoration in our country.In terms of law,the responsibility of ecological environment restoration lacks legal basis.In judicial practice,the criteria for determining the responsibility for ecological environment restoration are not clear,the way of assuming the responsibility for ecological environment restoration is unreasonable,and the implementation of the responsibility for ecological environment restoration lacks supervision.The fourth part puts forward some suggestions on the application of ecological environmental restoration liability as an independent environmental civil liability in our country.At the legal level,the responsibility for ecological environment restoration should be clearly stipulated in the civil law.At the judicial level,we should clearly define the criteria for determining the responsibility for ecological restoration,optimize the way in which the responsibility for ecological restoration is assumed,and strengthen the supervision over the performance of the responsibility for ecological restoration.