Study On The Legal System Of Ecological Restoration Funds In China

The problem of ecological damage is serious in China,and ecological restoration is the key to ecological damage relief.The interpretation of environmental civil public interest litigation in 2014 stipulates that the court can judge the defendant to bear the responsibility for ecological restoration,so ecological restoration has become a form of legal liability.However,there are still practical obstacles to the relief of ecological damage.For example,if the responsible person is unknown or the responsible person cannot perform,the responsibility for ecological restoration will not be performed.In order to avoid making the judgment null and void,the responsibility for ecological restoration will be borne by the state and the government,increasing financial pressure.With the rise of socialized relief for ecological damage,ecological restoration funds have attracted academic attention.Through the comparative analysis of several ways of socialized relief of ecological damage,it is concluded that the ecological restoration fund system has obvious advantages,can relieve ecological damage to a greater extent,and can provide a lasting and stable financial guarantee for ecological restoration.In the exploration of the relevant laws,department rules and local rules and regulations of China’s ecological restoration funds and the specific practice of various places,this paper summarizes the problems faced by China’s current ecological restoration funds,and analyzes the feasibility and necessity of the construction of China’s legal system of ecological restoration funds.Taking the U.S.Superfund and the United Nations global environment facility as the representatives of overseas ecological restoration funds,this paper draws on their mature experience,and considers the enlightenment to the establishment of China’s legal system of ecological restoration funds.The Superfund set up by the U.S.Superfund to repair contaminated sites has reference significance in terms of diversified funding sources and scientific and reasonable applicable rules.The organizational structure and supervision and management mechanism of the United Nations global environment facility are also worth learning from.Therefore,China’s ecological restoration funds can broaden the channels of funding sources and build a diversified funding source structure;Establish standard applicable rules,formulate strict and scientific applicable procedures,and refine the scope of application;In terms of fund supervision and management,establish an independent and perfect supervision mechanism.The specific countermeasures for establishing the legal system of ecological restoration funds in China are mainly from five aspects: fund management,fund-raising,application,supervision and recovery.To establish a fund management mechanism,it is necessary to first determine the legal attributes of ecological restoration funds.After comparison with local practice,China’s ecological restoration funds should be non-profit legal persons,and relatively independent public welfare foundations should be an ideal form of expression.Secondly,the ecological restoration funds should formulate clear applicable rules to prevent the misuse of funds.Finally,China’s ecological restoration funds should establish a recovery mechanism.When the responsible person is clear or recovers the ability to perform,the fund manager can recover the advanced repair expenses from the responsible person.Only when the funds are reversed can the long-term vitality be guaranteed,which is also consistent with the principle of bearing responsibility for damage.