An Empirical Research On Legal Liability Of Ecological Environment Restoration

Environmental pollution and ecological damage events occur frequently,the ecological environment's self-healing ability continues to decrease,and the ecological crisis becomes more serious.Although the state has invested a lot of energy in protection and restoration,the trend of partial improvement and overall deterioration of China's ecological environment has not been controlled.In order to fundamentally prevent the behavior of ecological environment damage,it is necessary to give play to the negative evaluation function of the law and provide strict legal liability for ecological environment restoration.On the one hand,it can curb the occurrence of ecological environmental damage behavior.On the other hand,for the cases of environmental pollution or ecological damage that have occurred,the responsible persons shall be investigated for the restoration liability and the damaged ecological and environmental benefits shall be remedied.The environmental pollution caused by the industrial revolution has caused widespread alertness and reflection.The developed countries represented by the United States,Germany,and Japan have relatively mature research on the liability of ecological environment restoration.China has begun the practice of ecological environment restoration since the 1980 s.At this time,more attention is paid to the restoration of a single environmental element and it is often regulated by administrative methods.Taking the opportunity of the implementation of the Environmental Protection Law in 2015,China has accelerated the restoration of ecological environment damage.However,due to the unclear nature of liability,incomplete legal regulations,inconsistent administrative and judicial systems and inadequate supporting mechanisms,the realization of ecological environment restoration liability in China is still limited.This paper comprehensively uses the literature analysis method,comparative analysis method and case analysis method,aiming to study the status quo and dilemma of the legal liability for the restoration of the ecological environment in my country and finally put forward perfect measures.Firstly,it clarified the concept of legal liability for ecological environment restoration,and then discussed the nature,characteristics and functions of restoration liability.Secondly,in-depth study of the development process of the legal liability for the restoration of the ecological environment,and comment on its theoretical system,legal regulations and judicial application.Through the case analysis of 80 judicial judgments again,it sorts out and summarizes the dilemma encountered in the judgment of China to assume liability for ecological environment restoration.Then select the United States,Japan,Germany as the inspection target,discuss the provisions of its ecological environment restoration liability and its enlightenment to our country.Finally,on the premise of drawing on foreign excellent experience proposed that the legal provisions of ecological environment restoration liability should be improved first,the application of restoration justice should be promoted and the coordination between restoration justice and environmental administrative law enforcement should be strengthened,and improve the supporting system from four aspects include repair fund management system,substitute performance system,supervision system and litigation guarantee system.