On The Reconstruction Of Remediation System For Ecological Damage

When it comes to ecological damage remediation in China,there are two kinds of methods: public law approaches and private law approaches.With the rapid development of modern society,ecological damage presents the characteristics of diversification and complexity.The administrative remediation are gradually difficult to meet the needs of deterring environmental violations.Moreover,the weakness of environmental law enforcement,the limitations of relying solely on administrative law enforcement are increasingly exposed,and the lack of supervision has also gradually attracted attention.In order to make up for the lack of administrative remediation,private law approaches were introduced.The first one to use private law approaches to claim for compensation is in the marine field,the marine environmental supervision department hold the right to bring a lawsuit of compensation for damage to the person who is liable for this damage.As for the land ecological damage,environmental public interest litigation system are established through the revision of relevant procedure law,and then the litigation rules are further clarified through a series of judicial interpretations.In addition,from regional pilot reform to national implementation of the compensation system for ecological damage,provincial and municipal governments can also file claims within a specific scope.Thus,the ecological damage remediation in China shows the characteristics of dominated by private law approaches and lack of coordination between varies methods.This paper is divided into four parts to discuss the reconstruction of remediation system for ecological damage.The first part is a brief theoretical overview of the ecological damage remediation system,and an analysis of the current ecological damage remediation system in China.The second part is a reflection on the rationality of the remediation system dominated by private law approaches,and propose that China should adopt the compound remediation system which dominated by public law approach and supplemented by private law approaches.The third part,through introspecting the internal application relationship of private law approaches,comes to the conclusion that compensation litigation for ecological environment damage virtually belongs to environmental civil public interest litigation,and the connection between them is actually the order of different subjects to bring such civil litigation.The fourth part is to put forward suggestions on the reconstruction of ecologicaldamage remediation.Specifically,the reconstruction should start with the improvement of public law approaches,clarify the application of private law approaches,and then take the supplementary remediation methods when the government did not take take sufficient effective measures into consideration.In addition,on the basis of reserving the particularity of marine ecological damage remediation,try to realize the unification of marine and land ecological damage remediation and connect with the general rules,which is also the meaning of reconstruction of ecological damage remediation.