Research On The Way Of Assuming Civil Liability For Ecological Environmental Damage

It is the first time for the civil code to stipulate the infringement of ecological environment as a special form of infringement,which is a beneficial judicial response to the current prominent problem of infringement of ecological environment.The promulgation of the civil code provides the substantive law basis for the civil remedy of ecological environment damage.In addition to the traditional way of bearing civil liability,the tort liability of the civil code uses two articles to stipulate the way of bearing civil liability independently applicable to the case of ecological environment damage,namely,the responsibility of ecological environment restoration and the responsibility of ecological environment damage compensation.These two kinds of liability will play an important role in the case of ecological environment damage,which is of great significance to the protection and improvement of the ecological environment.In this paper,the ecological environment damage civil liability for the scope of study,select the ecological environment damage repair responsibility and damage compensation responsibility of the two core responsibilities are discussed.This paper starts from four aspects.The first part analyzes the related concepts of ecological environment damage,focusing on the relationship between ecological environment restoration responsibility and restitution responsibility,ecological environment damage compensation responsibility.The second part combs the legislative process of China’s ecological environment damage civil relief system,summarizes the implementation dilemma of China’s ecological environment damage civil liability.The third part quotes the relevant experience of extraterritorial legislation,summarizes and refines the beneficial part of China’s system construction.The fourth part puts forward the corresponding improvement suggestions.The main points of this paper are: it is necessary to clarify the performance standard of repair responsibility and the calculation standard of compensation cost.The application order of the responsibility of restoration and the responsibility of compensation for damage should be straightened out.The responsibility of ecological environment restoration and the responsibility of compensation for damage should be applied at the same time under appropriate circumstances;The repair responsibility is the priority responsibility,but the service function loss compensation is not exempted because of the repair responsibility.On the basis of civil relief,we should strengthen the connection with administrative relief,and attach importance to the role of administrative departments in advance prevention,emergency disposal,repair,return visit and acceptance;The expert database of ecological environment should be established,and the expert assistant system should be used reasonably to provide professional basis for the formulation of restoration scheme and the calculation of compensation cost;Establish a thirdparty repair system to provide professional support for the formulation and implementation of the repair scheme;Actively explore alternative repair,remote repair path;Establish and improve the damage compensation fund management system to provide financial support for ecological environment restoration.