Research On The Application Of Civil Liability For Ecological Restoration

In China,atmosphere,water,soil,grassland and forest have been polluted seriously by disastrous environmental pollution and ecological destruction.Ecology must be restored and ecological destroyer must be pursued responsibility for ecological restoration.It is the most effective way to remedy the ecological damage and ecologicalize social development and law enforcement.However,responsibility for ecological restoration has been ignored in Chinese law.There is a lot of dispute on responsibility for ecological restoration in law theories.So,these reasons led to confusion in judge's decisions.Therefore,responsibility for ecological restoration is not applied effectively and ecological restoration has been not achieved.It is an urgent problem to improve and complete law and regulations on responsibility for ecological restoration to realize ecological environmental protection.Firstly,this paper studies the concept of civil liability of ecological restoration responsibility for ecological restoration is defined clearly to differentiate it from other concepts and find it out that restoration liability is independent from responsibility for restitution.And it involves both public welfare and private benefit and has both technical and professional characteristics.Secondly,to make the status clear,statistical analysis on the cases of responsibility for ecological restoration from 2014 to 2019 in China.Thirdly,the three difficulties in the application of responsibility for ecological restoration are found out: the imperfect provisions of the current law,resulting in insufficient basis for application;the plaintiff's qualification is difficult,the judgment standard of causality is too high,the judgment target is unreasonable,resulting in confusion of the judgment standard;the subject of responsibility is single,the way of undertaking is different,the procedure of undertaking is not standardized,resulting in unclear rules of undertaking.Finally,some suggestions are put forward to solve these problems.Law and regulations should be made perfect,so as to facilitate the judicial application of restoration liability.In terms of determining trial standard of liability,it is necessary to stipulate appropriate plaintiff,trial standard of causation and the appropriate target of ecological restoration.About how to burden the responsibility,we should enlarge the subject of responsibility,systematize the way of responsibility and standardize the procedure of responsibility.