Research On The Relief Of Ecological Environment Damage By Private Law In The Civil Code Era

This is the best era for protecting the ecological environment and the most challenging era for environmental legal construction.With the promulgation of the green "Civil Code",people are paying more and more attention to ecological environmental protection.Civil remedies for disputes caused by ecological environmental problems can effectively curb environmental damage,protect citizens’ legitimate rights and interests,and promote harmonious social development.The "Civil Code · Tort Liability" expands the object of relief to damage caused by ecological damage,and establishes the responsibility for ecological damage;changes the way of liability from "restoration" to "repair responsibility";and "repair responsibility" and "compensation responsibility" The strict distinction is a high level embodiment of the "green principle" of the Civil Code and the judicial philosophy of restoration.These changes are of great significance to the realization of ecological environmental damage relief and the construction of ecological civilization.From the perspective of analyzing the ecological environmental damage,the ecological environmental damage caused by environmental pollution and ecological destruction includes two types: the first type is pure ecological environmental damage;the second type is the damage to the personal and property rights of private subjects and the damage to the ecological environment.On the basis of the legislative analysis and practical exploration of private law relief of ecological environmental damage,the study found that the new problems faced by private law relief of ecological environmental damage in the civil code era can be summarized into two aspects: first,for the first type of pure ecological environmental damage,Its application of private law relief faces the problems of the lack of the basis of the right to repair the liability,the ambiguity in the expression of the responsible subject,and the conflict between the public law attributes of the ecological environment and the private law relief;second,for the ecological environment damage in the second type,"others damage The expression " has limitations in actual application.The latest judicial interpretation of environmental torts does not conform to the corresponding provisions of the Civil Code.Due to the particularity of ecological environmental damage,it is necessary to control the limits of the public law of private law.Therefore,it is necessary to distinguish between the two types of ecological environmental damage,learn from the beneficial experience in the process of relieving ecological environmental damage outside the territory,and expand the interpretation of "other damages"through legislative interpretation.The connotation of ",the way to give specific private entities the right to request repair responsibility,so as to solve the second type of ecological environmental damage in the private law system.At the same time,in order to deal with the connection between the public and private law relief mechanisms for ecological damage in the two types,the coordination of legislation in public and private law relief for ecological environmental damage should be promoted,and the public and private law relief mechanisms for ecological environmental damage should be improved.In the second type,the relief mechanism for ecological environmental damage when restoration is not possible provides substantive legal basis,promotes the construction of ecological civilization and the rule of law,highlights the guiding significance of guiding cases,improves the effectiveness of public participation,and provides reliable guarantees for the realization of ecological environmental damage relief.