A Comparative Study On The Responsibility Of Ecological Environment Restoration And The Responsibility Of Restoration

The governance and restoration of the ecological environment plays an irreplaceable role in the construction of China’s ecological civilization.At present,the provisions on "restoration" and "repair" in relevant environmental legislation,and the judicial interpretation issued by the Supreme People’s Court will make the ecological environment restoration responsibility It is regarded as an expanded interpretation of the responsibility for restoration,which has caused a large-scale confusion in the application of environmental justice in the application of restoration responsibility and the restoration of ecological environment.The different interpretations of the relationship between the responsibility for restoration of the ecological environment and the responsibility for restoration of the legal environment in the legal circles have attracted more people’s attention to the differences between the two.At the same time,it has also been proposed that it is extremely necessary to establish a method of bearing responsibility for the restoration of ecological environment of.Therefore,this article analyzes the similarities and differences between the ecological environment restoration responsibility and the restoration responsibility from multiple perspectives,and combines the application of legislation,justice and theory to reflect on the deficiencies of the traditional restoration responsibility in ecological environment protection,and then to the ecological environment.The ownership and independence of the departmental law of restoration responsibility are discussed,and the short-,medium-,and long-term legislative path design is used to improve the ecological environment restoration responsibility in China’s legal liability system.In addition to the introduction and conclusion,this paper consists of four parts,including:The first part expounds the confusion between the responsibility of ecological environment restoration and the responsibility of restoration.First,it analyzes the confusion between restoration and restoration,restoration and restoration of the ecological environmentin the relevant environmental legislation such as land,forest and grassland,wetlands and waters,and mineral resources.Then,through the interpretation of the provisions in judicial interpretation and the actual case judgment documents in environmental litigation,it was found that there are also a lot of confusions in judicial practice.Finally,the analysis clarifies that the reason for the confusion between the responsibility for restoring the ecological environment and the responsibility for restoring the status quo in legislation and judicial practice is due to the different views of the theoretical community on the relationship between the two.The introduction of the confusion between legislation and the judiciary between the responsibility for restoration of the ecological environment and the responsibility for restoration is introduced below.The second part mainly analyzes many similarities and differences between the responsibility of ecological environment restoration and the responsibility of restoration.Start with the similarities between the responsibility for restoration of the ecological environment and the responsibility for restoration of the original state in terms of value pursuit and relief functions.Based on this,the concept of the restoration of the ecological environment and the responsibility for restoration of the original state,the theoretical basis,the subject of responsibility,the object of relief,the application The eight dimensions of conditions,restoration standards,responsibilities fulfillment methods and the replaceability of restoration objects are analyzed to analyze their differences.From the perspective of environmental law,the related concepts of ecological environment restoration responsibility are determined,and the basic legal concepts of ecological environment restoration and ecological environment restoration responsibility in this article are determined.It also proposes the theory of environmental obligations as the theoretical basis of the responsibility for ecological environment restoration.Starting from the environmental obligations of governments,enterprises and citizens,the restoration of the damaged ecological environment and the relationship between people and nature are restored.It can be concluded that,in the way of ecological environment damage relief,the responsibility for ecological environment restoration is better and more scientific than the responsibility for restoration.The third part discusses the two hot issues in the current theoretical circle where the responsibility of ecological environment restoration and restoration of the original state overlap.In order to resolve the large-scale confusion between the application of the responsibility for restoration of the ecological environment and the responsibility forrestoration,the priority is to start with the analysis of the development trend of the responsibility for restoration of the ecological environment.Specifically,it includes two aspects: one is to discuss the departmental law attribution of ecological environment restoration responsibility.From the scope of civil law and environmental law,choose to assign the responsibility of ecological environment restoration to the category of environmental law that has more legislative advantages.The second is the necessity and feasibility analysis of the independence of ecological environment restoration responsibility.The fourth part focuses on three designs of the legislative path of ecological environment restoration responsibility: one is to regulate and strengthen the short-term legislative path of ecological environment restoration responsibility in the "Environmental Protection Law" and related environmental element legislation;the second is to carry out environmental responsibility Legislation or a mid-term legislative path that specifically stipulates the responsibility for ecological environment restoration in the legislation on ecological environment damage compensation;the third is to sort out the relationship between ecological environment restoration responsibility and environmental civil responsibility,environmental administrative responsibility,environmental criminal responsibility,and ecological environmental damage compensation liability.And integration to form a systemic environmental legal responsibility specification which is uniformly stipulated in the long-term legislative path of the environmental code.