Study On The Normative Construction Of Administrative Responsibility For Ecological Environment Restoration

Since the 18 th National Congress of the Communist Party of China,the "Xi Jinping Thought on Ecological Civilization" formally proposed to raise the status of ecological environmental protection to a new height,emphasizing that the country should respect and protect the integrity and good state of the ecosystem.The Third Plenary Session of the Eighteenth Central Committee clearly stated that “we must improve the environmental governance and ecological restoration system.” Since then,the country has issued a series of normative legal documents related to ecological environment restoration.This has shown that the ecological environment restoration system is officially regulated by law.The form enters the vision of the state and society.The current research on ecological environment restoration responsibility is concentrated in the field of civil law,and its interpretation in judicial interpretation is basically equivalent to the "restoration" responsibility form in civil law.Its implementation mechanism is mainly judicial-led and presented as environmental civil welfare The dual litigation model of litigation and ecological environment damage compensation litigation.As a new form of legal liability,civil liability based on the right of claim is under the dual constraints of the theoretical framework of private law and the nature of the ecosystem.It is difficult to fully realize the responsibility for ecological environment restoration.The responsibilities are inevitable.The operation of private laws and regulations in modern countries does not exclude the appropriate introduction of public power.The protection of environmental interests through the penetration of public power of administrative norms is the legal foundation of ecological restoration responsibility with public law nature.The trend is a system arrangement that conforms to the law of legal responsibility,and accordingly discusses the necessity of introducing ecological environmental restoration responsibility into the framework of administrative responsibility analysis.This article focuses on the basic analysis of the ecological environmental restoration administrative responsibility normative text.With the help of the existing legal normative text to examine the specific provisions of the ecological environmental restoration administrative responsibility,it analyzes the actual problems of the ecological environmental restoration administrative responsibility in terms of regulations and finds that it faces The dilemma of "insufficient legal basis" mainly includes the problems such as the lack of norms for ecological environmental restoration administrative responsibility,the lack of responsibility and obligation norms leading to the lack of system integration of responsibility,and the lack of elements of administrative responsibility for ecological environment restoration.In view of this,it is indeed necessary to standardize the administrative responsibility for ecological environment restoration.Through analysis and thinking on the normative issues of ecological environmental restoration administrative responsibility,legislation should build an ecological environmental restoration administrative responsibility system with legislative supervision of "supervise supervision as the main,supplementary restoration as the supplement",through specialization,systematization,and refinement of responsibility With the integrated four-dimensional structure to achieve the standardization and improvement of the ecological environment restoration administrative responsibility.