Research On The Legal Issues Of Ecological Environment Restoration Responsibility In China

Since the 18th National Congress of the Communist Party of China,our country has paid more and more attention to the ecological environment.The report of the 19 th National Congress of the Communist Party of China reiterated the importance of protecting the ecological system and the importance of ecological environment restoration.However,my country’s ecological environment has been hit hard since the reform and opening up.Although the protection of the ecological environment has been increased year by year in recent years,and it has achieved certain effects in some parts,it still cannot stop the trend of overall environmental deterioration in my country.The ecological environment of China has become fragile.Based on this,our country has actively explored the issue of the responsibility for the restoration of the ecological environment.Responsibility for restoration of the ecological environment can be included in the "Civil Code" sub-part-Tort Liability,marking that the legislator is focusing on the protection of the ecological environment on requiring relevant persons to bear the responsibility for ecological restoration,which has great practical guiding significance.In order to implement the "Civil Code",judicial interpretations in the field of ecological and environmental protection have also been revised accordingly.One of the most eye-catching is that the legislators distinguished ecological environment restoration from restoration to its original state,which changed the previous legislative model of conflating ecological environment restoration and restoration to its original state.This has great significance in the legislative process of ecological environment restoration.On the basis of clarifying the concept of ecological environment restoration,this article has launched an overview of ecological environment restoration responsibility.Secondly,it examines the shortcomings of the current ecological environment restoration responsibility system in my country from the status quo of legislation and practice.At the same time,it analyzes and draws on the legislative models and practices of the United States,Australia and Germany,in order to provide feasible suggestions for the improvement of my country’s ecological environment restoration responsibility system.Clarifying the concept of ecological environment restoration is very important for studying the responsibility system of ecological environment restoration.According to the newly revised "Interpretation on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation Cases",the legislative measures to replace "restoration" with "ecological environment restoration" can be seen out,ecological restoration is still different from restoring to the original state.At present,my country’s legislative activities in the field of ecological environment restoration are becoming more and more frequent.In particular,the responsibility for ecological environment restoration is stipulated in the "Civil Code" Division-Tort Liability,and this responsibility has been given an unprecedented degree of attention.However,this still cannot solve the many legal problems existing in the current ecological environment restoration responsibility system in my country.The legislative norms of the ecological environment restoration responsibility,the main body of the restoration responsibility,the restoration standard,the protection of the restoration responsibility,and the supervision of the restoration responsibility all urgently need to be improved.As the United States,Australia,and Germany started early research on the ecological environment restoration responsibility system,and they have also achieved a series of results.Therefore,analyzing the relevant legislation and practices in these three countries can provide feasible experience for the improvement of our country’s ecological environment restoration responsibility system.At present,our country should start with improving the legislation of the ecological environment restoration responsibility system,clarifying the responsibility of ecological environment restoration,adjusting the ecological environment restoration standards,improving the ecological environment restoration responsibility guarantee mechanism,and building a comprehensive restoration responsibility supervision system.Furthermore,my country’s ecological environment restoration responsibility system will be improved from multiple angles and in an all-round way.