| "Leaving more space for nature to be restored and a beautiful home with blue sky,green land and clear water for future generations",the 18 th Party Congress report put forward the concept of ecological civilisation with an earnest narrative."Treat the ecological environment like life",the 19 th Party Congress report further calls for the protection of the ecological environment and the restoration of damaged ecology.With the deepening of reforms,ecological restoration pilot work has achieved good results in local areas,but it is still difficult to curb the deterioration of the ecological environment year by year.The introduction of the responsibility for ecological restoration has become the most effective way to prevent ecological damage,as it realises the organic unity of ecology,society and law.However,the concept and nature of liability for ecological restoration is still controversial in academic circles,and the provisions of the current law are too simple,resulting in confusion in judicial decisions and difficulties in the application of liability,making it difficult to achieve the desired effect.Therefore,it is imperative to improve the system of applying ecological restoration liability in China’s environmental civil justice and to repair the damaged ecological environment.This paper first defines the concepts of ecological restoration and ecological restoration liability,and explains the theoretical basis for their application,showing that ecological restoration liability is different from restoration liability and is an independent form of liability.Secondly,on the basis of clarifying the concept of ecological restoration liability,and in order to clarify the current state of application of ecological restoration liability in environmental civil justice,this paper selects the civil judgments of the courts applying ecological restoration liability in civil cases from 2017 to 2022 as a general sample for statistical analysis.Again,the dilemmas faced in the application of ecological restoration liability are analysed on the basis of the current state of application.These include four main aspects,namely,the inadequacy of the basis for application due to the imperfect provisions of the current law;the unqualified subjects for issuing ecological damage appraisal reports,resulting in doubtful bases for the determination of cases;the overly high standards for judging causality and unreasonable restoration targets,resulting in confusion in the standards of adjudication;and the single subject responsible for ecological restoration,the inadequate supervision mechanism and the confused management of restoration costs,resulting in the lack of implementation of responsibility The single body responsible for ecological restoration,inadequate supervision mechanism and confusing management of restoration costs have led to the lack of implementation of responsibilities.Lastly,the problem-oriented approach has been adopted and corresponding improvement measures have been proposed.The legal provisions on the responsibility for ecological restoration should be improved so that they can be applied in judicial decisions;the legal validity of the basis for determining the case should be enhanced so that the qualification of the main body issuing the ecological damage appraisal report and the assessment procedures can be more standardised;the adjudication standards for the responsibility for ecological restoration should be improved so that the causal relationship can be more accurately determined and a more reasonable restoration target can be set;the attribution of responsibility should be clarified so that the scope of the main body responsible can be reasonably expanded and the procedure for assuming responsibility can be unified.It is also important to clarify the attribution of responsibility in order to reasonably expand the scope of responsible subjects and unify the procedure for assuming responsibility. |
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