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Research On Restoration Of Ecological Environment

Posted on:2021-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiaoFull Text:PDF
GTID:2491306500975099Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Article 1234 of the Civil Code,which was examined and passed in May 2020,also clearly puts forward the responsibility of "restoring the ecological environment" as an independent way of responsibility.However,there are still many disputes about the responsibility of "restoring the ecological environment" in theory and practice,especially on the nature of the responsibility of "restoring the ecological environment"."Restoration of ecological environment" mainly comes from the concept of ecological environment restoration in environmental science.After being quoted in the field of law,combined with the theory of law,it has gradually evolved into the compulsory stipulation of the subject of environmental law and the way of relief in civil law.In the process of the development of the responsibility of "restoring the ecological environment" as a form of relief in the civil law,it has gradually developed from the concrete form of "restoration" in the traditional civil law to an independent way of liability in the eco-environmental damage compensation system.From the performance of the liability of "repairing the ecological environment" in various civil legal relations,there are various specific ways of restoration,but there are still some problems,such as difficult to identify the damage,difficult to get proper repair,lack of later supervision and so on.As a result,in the specific judicial practice,the courts are often willing to deal with the cases of compensation for ecological and environmental damage by the way of compensation for damage.In order to solve this dilemma,it is necessary to explore the position of eco-environmental responsibility in eco-environmental damage cases.Establish a liability system in which the responsibility for the restoration of the ecological environment occupies a dominant position and the liability for damage compensation is supplementary.At the same time,we should define the scope,standards and specific restoration methods of the responsibility of "restoring the ecological environment" to construct the implementation in practice.On this basis,we can improve the responsibility system of "restoring the ecological environment".
Keywords/Search Tags:ecological environment damage, restore the ecological environment, ecological and environmental benefits
PDF Full Text Request
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