Study On The Implementation Of Environmental Restoration Responsibility In China

Environmental restoration is of great practical significance to realize the sustainable development of ecological environment and promote the construction of ecological civilization.It is not only a concrete work,but also a legal responsibility determined for the protection of ecological environment.Only when the responsibility is put in place can the frequent occurrence of pollution or damage to the environment be effectively prevented and controlled.For a long time,how to implement the responsibility of environmental restoration has not been paid enough attention by legislation and judicature in our country.In addition,it is very difficult to realize the responsibility of environmental rehabilitation because of the low level of science and technology of environmental restoration and the absence of subject and so on.At present,the implementation of environmental restoration responsibility in China is still facing many obstacles.Due to the fact that the national legal norms have not been issued,environmental rehabilitation has different forms and effects in local practice.At present,the implementation of environmental restoration responsibility in China has not yet formed a complete system,which seriously hinders the progress of environmental protection work.In the first chapter of this paper,the concept of environmental rehabilitation is clarified,the difference between environmental restoration and ecological restoration is screened,the concrete connotation of environmental rehabilitation is defined,and the scope of environmental rehabilitation responsibility and the way of undertaking are summarized.Polluters or spoilers repair contaminated or damaged sites or areas by means of self-remediation,third-party performance or payment of environmentalrehabilitation costs.The second chapter expounds the present situation of unilateral execution and joint execution with administrative organs in the execution of environmental restoration judgments in our country,as well as the mode of setting up special fund account under the guidance of public power in our country.And private forces led by the creation of special environmental rehabilitation funds and the introduction of charitable trust repair funds operation mode,and respectively to interpret the different modes of operation.The third chapter of this paper aims to find out the problems in the implementation of the environmental rehabilitation responsibility in China through the analysis of the present situation of the implementation of the environmental rehabilitation responsibility in the second chapter.These include,inter alia,the imbalance in the status of trial and enforcement in the course of execution and the refusal of the executed person to perform,the delay in performance,and the operational problems of the funds for environmental rehabilitation after implementation has been put in place,including the inefficiency of the operation as a result of public ownership,The security of repair funds under the guidance of folk forces is difficult to manipulate and so on.On the basis of the above analysis and discussion,the fourth chapter puts forward concrete suggestions on the implementation of environmental rehabilitation responsibility.Firstly,at the implementation level,it is necessary to construct the enforcement safeguard mechanism of environmental rehabilitation responsibility.Actively explore the implementation of environmental protection agencies to cooperate with the mechanism and environmental rehabilitation cases to implement the system of return visits;Secondly,in terms of the use and management of repair funds,different suggestions are put forward for different operation modes.For the special fund account model,we should start from two aspects: reducing the approval link and relaxing the limit of repair funds appropriately.To realize the flexible operation of the special fund account;Explore ways to refine the use and start-up of environmental rehabilitation funds with regard to the use and management of the Fund In order to improve the security of fund management,the preventive mechanism in the middle and late stage can improve the safety of fund management.Finally,in the aspects of expanding the main body of social supervision and regularly opening the flow of trust funds,we can overcome the dilemma of weak supervision ofrehabilitation funds in operation.Only when the responsibility is put into place,the effect of encouragement and warning will be obvious,and the environmental restoration of our country can really get on the right track and realize the sustainable development of ecological environment.