Study On Environmental Restoration Responsibility In Environmental Infringement

Environmental issues are major issues affecting the sustainable development of our society and economy in the current period.Whether it is environmental public welfare or environmental private benefits,once damaged,it is difficult to recover.On the premise of maintaining the basic theoretical framework of traditional civil environmental torts,in order to be able to give relief to the environment itself,the characteristics of environmental violations must be fully considered.Guided by the principle of "who is polluting and governing",both economic and social benefits and ecological benefits are taken into consideration,and a complete set of environmental restoration mechanisms are established to form a convenient and efficient operating system for prevention beforehand,disposal during the event,and relief after the event,and environmental damage Responsibility,especially environmental restoration,has been implemented.This article first sorts out the debates on "environmental infringement" in legal circles,summarizes the connotation of environmental infringement,combines the existing theory and judicial practice,analyzes the current situation and deficiencies of environmental restoration under the current civil environmental tort liability framework,and clarifies the environmental infringement framework Understand the realistic foundation and significance of environmental restoration.Secondly,based on the analysis of the judicial ruling data,fully taking into account the self-interest of human beings,it is proposed that the "environmental restoration request right" should be exercised by the parties,and the "empowerment right" of this right should be left to the judge’s discretion.To explain the application of the problem,in order to maintain the inertia of legal and judicial practice,avoid duplicate legislation,and combine practical conditions,in order to better implement the application of environmental restoration responsibilities in civil environmental torts,propose the expansion of the "stop violation" stage in environmental violation cases.Explain so that it covers the basics of "restitution." Thirdly,from the perspectives of economics and sociology of law,the reasons for the restrictive application of environmental restoration responsibilities in environmental torts are explained,and from the perspective of the division of property rights model,combined with Japan’s tolerance limit theory and Germany’s endurance obligations to the judge’s " An analysis of the judgment criteria of "empowerment" was made,and four judgment elements were summarized.Finally,in order to ensure the smooth implementation of environmental restoration during environmental infringement,three systems of environmental liability insurance,environmental restoration fund,and environmental restoration administrative filling rules are introduced.They have different focuses and together form a complete environmental restoration implementation path.