Research On The Responsibility System Of Ecological Environment Damage Restoration

Since the reform and opening up,the rapid economic development has caused serious damage to the ecological environment.In response to the ecological environment crisis,the Third Plenary Session of the 18 th Central Committee of the Communist Party of China required the establishment of a strict accountability system for those responsible for damage to the ecological environment.As a result,the ecological environment damage compensation and restoration liability system successively passed the "Ecological Environment Damage Compensation System Reform Pilot Program"(2015),the "Ecological Environment Damage Compensation System Reform Program"(2017),promulgated judicial interpretations,and finally adopted the "Civil Code" The form is established.The good operation of the responsibility system for the restoration of ecological environmental damage is not only related to the realization of the responsibility for the restoration of ecological environmental damage,but also to the realization of the ambitious goal of my country’s ecological civilization construction.However,due to the current ecological environment damage restoration liability system in my country is still in its infancy,there are major controversies at the basic concept and basic theory level,and there are also many deficiencies at the legislative level,making judicial practice into a dilemma.Therefore,it is necessary to damage the ecological environment Repair the responsibility system to be studied.This article is divided into four parts to analyze and demonstrate the responsibility system for the restoration of ecological environment damage: First,through the analysis of the basic theory of the responsibility system for restoration of ecological environment damage and the current legislative status,the author believes that the theoretical basis of the responsibility system for restoration of ecological environment damage is the theory of legal interest.Establish the principle as the principle of liability for damage.Secondly,the realization of the responsibility for the restoration of ecological environmental damage is led by the judicial system,which presents a dual litigation model.Thirdly,judging from the judicial dilemma of the ecological environment damage restoration system,the responsibility for the restoration of ecological environment damage has the dilemma of responsibility identification and restoration execution.Through the analysis of the root cause of the system and norms,the reason why the ecological environment damage restoration liability system is in a difficult situation in judicial practice is that the establishment principle of the ecological environment damage restoration liability does not conform to the characteristics of the ecological environment damage,and the legal relationship and constituent elements of the civil tort liability Set up problems with defects,single responsibility for restoration of ecological environment damage,and unreasonable ways of assuming responsibility for restoration of ecological environment damage.Finally,based on the root cause analysis of the above problems,the author believes that the responsibility principle of the ecological environment damage restoration responsibility system should be redefined in the institutional norms,and the principle of common but differentiated responsibility and the principle of more able to work should be established.The size of the behavioral risk adopts different principles of liability,and rationalizes the responsible body and the way of responsibility for the restoration of ecological environment damage.In summary,the author tries to analyze the basic theory of the current ecological environment damage restoration liability system and the dilemma and root causes of judicial practice,and put forward suggestions for system improvement,in order to promote the sound development of the ecological environment damage restoration liability system.