Research On The Restoration Responsibility Of Ecological Environment In Grassland

Under the time background that our country emphasizes the green development idea and proceeds the ecological civilization construction,the promulgation of Civil Code provides a basis of substantive law for the relief of the damage of ecological environment in grassland.As the most effective method to relieve the damage of ecological environmental in grassland,restoration responsibility of ecological environment in grassland is different from the restitution includes the right of relief,the scope of relief object and the way of relief.It is an independent responsibility bearing method.The restoration responsibility of the ecological environment in grassland achieves the protection of the ecological environment in grassland and make the public come to realize the importance of grassland by investigating the responsibility of the infringers.Due to the particularity and complexity of the grassland ecosystem,the identification and restoration standards of grassland ecological environment damage are also different from other ecosystems.Seen from the analysis of legal documents and judicial documents,there are the following problems in the present legislation and judicial practice:fuzzy applicable conditions,unclear right subject,the narrow scope of duty subject,identification of causality is too rigid,unreasonable mode of responsibility and imperfect procedural guarantee.Confirming the damage to the ecological environment is the evidence for the infringer to bear the responsibility,and it is also a range for its shouldering responsibility.Therefore,a reasonable amount of damage should be determined to ensure that the liability of the infringer is equal to the damage..In the aspect of litigation mode,the administrative department of grassland should have administrative law enforcement on the relief of damage of ecological environment in grassland;the judicial relief path would be the second choice when the administrative relief could not reach the target of restoration.Besides,the scope of the right subject and duty subject and the judgement standard of the causal relationship should be clarified to regulate the way of responsibility shouldering.The supervision of the restoration process should be enhanced to promote the good development of restoration responsibility of ecological environment in grassland.