Research On Liability For Restoration In Litigation For Compensation For Ecological Environmental Damage

The ecological environment damage compensation lawsuit is a new type of environmental civil lawsuit.Since the pilot project of the compensation system for ecological and environmental damage began in 2015,ecological restoration has been widely recognized by the theoretical and practical circles.In 2019,the Supreme Court promulgated "Several Provisions on Hearing Cases of Compensation for Eco-environmental Damage（Trial）",which regards "restoration of the ecological environment" as one of the civil responsibilities for damage to the ecological environment,which is the judicial application of ecological restoration in the lawsuit for compensation for ecological and environmental damage.The normative basis is initially provided.Since then,the Civil Code of the People’s Republic of China has clearly stipulated restoration responsibility as an independent method of assuming responsibility,providing a substantive legal basis for the judicial application of ecological restoration.However,it cannot be directly concluded that the judicial application of the restoration responsibility in the ecological environment damage compensation lawsuit should be based on the "Civil Code of the People’s Republic of China" as the substantive law.Starting from the perspective of the evolution of ecological environment damage restoration responsibility norms,and on the basis of the evaluation and analysis of the relevant provisions of the Civil Code of the People’s Republic of China,regards the ecological environment damage restoration liability as an independent responsibility method,and summarizes and sorts out the ecological environment.After the types of damage and the realization path of restoration responsibility,a perfect idea is put forward on the problems existing in legislative provisions and judicial application of restoration liability in ecological environment damage compensation litigation,in order to promote the judicial process of ecological civilization construction in my country.Apart from the introduction and conclusion,the full text is mainly divided into six chapters.The first chapter expounds the basic problem of the restoration liability of the ecological environment damage compensation lawsuit.From the perspective of the evolution of the ecological environment damage compensation litigation restoration liability norms,the historical deduction status of the ecological environment restoration liability is sorted out and analyzed.With the help of the relationship between the ecological environment restoration liability and other civil liabilities,the legal attributes of the ecological environment restoration liability are defined.an independent way of taking responsibility.The second chapter further studies the basic theory of the restoration liability in the ecological environment damage compensation lawsuit.The addition of "restoration of the ecological environment" in the judicial interpretation of the lawsuit for ecological damage compensation indicates that the responsibility for ecological restoration has gradually received attention in my country’s civil legislation.As a new type of environmental civil litigation,the ecological environment damage compensation lawsuit has the same purpose as the ecological environment restoration responsibility,both of which are aimed at safeguarding the public interests of the environment,and are committed to timely and effective relief of the damaged ecological environment;ecological environment damage Indemnity Litigation Restoration Liability has its own unique features and value.The third chapter summarizes the types of ecological environment damage and the realization path of restoration responsibility.The different behaviors carried out by the actors will cause different degrees of damage to the ecological environment.The way of taking responsibility for ecological environment restoration in an independent form will affect the realization path of ecological environment restoration.This chapter mainly discusses the degree of damage to the ecological environment and the difficulty of restoration under different types,so as to analyze the realization of different paths of restoration responsibility.The fourth chapter analyzes the legislative and judicial problems faced by China in the litigation liability for restoration of ecological environment damage compensation,and briefly analyzes the reasons.At present,China does not clarify the responsibility of ecological environment restoration in legislation,which leads to their own policies in specific judicial practice.Through the trial of ecological environment damage compensation litigation cases and the application of repair responsibility in practice,it is found that there are still some problems in China’s ecological environment repair responsibility in ecological environment damage compensation litigation,such as imperfect law,difficult identification of ecological environment damage facts,imperfect implementation guarantee and supervision of repair responsibility and so on.The fifth chapter,through the comparative study of the liability system for compensation and restoration of ecological environment damage outside the territory,learns from the useful experience of the countries outside the territory,and provides theoretical conditions for the liability system of ecological environment restoration in our country.This paper analyzes the perfect environmental damage relief and restoration norms in the United States,the relevant legal system of Japan’s environmental restoration judicial practice,and the damage prevention and restoration system established by Germany’s "Environmental Damage Prevention and Restoration",summarize the feasible and beneficial experience,and use it for our country.The sixth chapter puts forward the corresponding conception of rules,including the construction of special laws in legislation,in view of the problems existing in the litigation repair responsibility of ecological environment damage compensation in the previous chapter;In terms of justice,we should improve the identification mechanism of ecological environment damage and the implementation guarantee of repair responsibility,so as to promote China’s ecological environment repair responsibility to play its due role.