On The Realization Of The Responsibility Of Ecological Restoration In Environmental Civil Justice

With the deepening of China’s modernization process,the focus of China’s development has gradually changed from improving GDP in an all-round way to giving consideration to both economic development and ecology.The most remarkable feature of this change is that the government pays more and more attention to the development of ecological civilization,the people turn from satiety to a better life,society pays more and more attention to the living environment and emphasizes the protection of the ecological environment.Therefore,the law,as an important institution of the National Society,plays a particularly important role at this time.Since its eighteen the National Congress,the Central Committee of the Communist Party of China has elevated the construction of ecological civilization to a particularly important level.With a series of pilot reforms and the introduction of the legal system,China’s legal system on the responsibility for ecological restoration of the embryonic form,however,there are still many problems to be solved.At present,there is no specific legislation on the responsibility of ecological restoration in China,and the courts at all levels in China have no clear and clear basis for judging ecological restoration cases,in the environmental justice,only to stop the violation and compensation as the main way to bear the responsibility,pollution of the environment and ecological damage has not been a real sense of relief.In recent years,with the continuous development of society,our awareness is also constantly improving,ecological restoration responsibility has gradually become our country at all levels of the judiciary in the protection of ecological interests,the main way to assume responsibility.After the 2020 Civil Code came out,the articles about the responsibility of ecological restoration became the focus of attention,and many scholars classified the responsibility of ecological restoration as a kind of civil liability,but in fact,the responsibility of ecological restoration can not be simply attributed to the civil liability,and can not be regarded as the expansion of the responsibility of restoring the original state in the traditional civil law.Ecological restoration responsibility is a kind of environmental responsibility with its own characteristics and value,which is different from the traditional civil responsibility.Ecological restoration responsibility should be an independent responsibility system,which has the attributes of both private law and public law.The occurrence of ecological damage will not only violate the private ecological interests but also the ecological interests of the state and society.In the judicial practice of ecological restoration,the courts at all levels in our country do not have a unified judgment standard in judging cases.The main body of the responsibility of ecological restoration is not clear,the way of the responsibility is not perfect,the principle of the responsibility of ecological restoration and the standard of causality are confused.After the judgment of the case,the responsibility of ecological restoration is difficult to carry out,the effect of restoration is difficult to consider,and the subject of supervision is unknown.The problems mentioned above remain to be solved.At present,there are many advanced experiences in the world mountains which are worth learning and using for reference by our country.The United States,Japan,the European Union and other countries are representative countries.The author thinks that our country should provide the legal basis for the court judgment,make clear the imputation principle of the ecological restoration responsibility,clear the proof standard of the causality,expand the subject of the ecological restoration responsibility,and make clear the distribution of the responsibility.In the specific implementation of the responsibility for ecological restoration set a scientific goal of ecological restoration,improve the supervision and acceptance mechanism of ecological restoration.