On The Ecological Environment Restoration Liability In Nature Reserve

The ecological environment restoration liability refers to the behavior of restoring the damage of ecological environment caused by human activities through artificial intervention.The application of ecological environment restoration liability in nature reserves can make up for the loopholes of the current regulatory regime of nature reserves as well as protecting the environment.In practice,however,the application of ecological environment restoration liability in nature reserves still has a long way to go.It is difficult to identify the damage and the baseline level.Doctrine of liability fixation is controversial due to the inconsistency of law.It should be clarified and be written into the law.There are no clear applicable standards for the different modes of liability.Damage and ecological environment restoration costs are sometimes confused.Goals and plans are made without legal authority.Judges rely heavily on expert opinion.It is necessary to clarify the applicable standards for the different modes of liability.Judicial review must be strengthened and relevant factors taken into account.In the aspect of supporting system,the management mode of ecological environment restoration fund,which is dominated by public power,has produced problems such as inefficiency and insufficient effective supervision.The identity mix of managers and supervisors occurs from time to time.The administration system should be commercialized.The executive linkage mechanism of judicial and administrative organs should be established.