Research On The Legal Application Of Ecological Restoration

With the deterioration of ecological environment,the ecological restoration justice in China has developed rapidly in recent years.The effectiveness of ecological restoration responsibility in the relief of environmental public interests has gradually made it an important way for China to manage ecological environmental damage and an important system for protecting and improving the environment.It aims to repair the structure and function of the damaged ecological environment and achieve environmental justice.It is of great practical significance to ensure the sustainable development of ecological society and promote the construction of ecological civilization.The application of the law of ecological restoration refers to the judicial relief method that uses judicial means to order the damaged person to bear the responsibility of ecological restoration and then restore the damaged ecological environment function.The "Judicial Interpretation of Environmental Civil Public Interest Litigation" implemented in 2015 first identified "repairing the ecological environment" as the mode of liability for environmental infringement.The introduction of the reform plan for the compensation system for ecological environmental damage in 2018 has made the responsibility for ecological restoration widely applicable throughout the country.This urgently requires scholars to collate and analyze the current application status and existing problems of ecological restoration responsibilities,and put forward corresponding suggestions.In order to ensure that the ecological restoration system can operate well throughout the country,the ultimate goal of repairing damaged ecosystems is achieved.However,the characterization of ecological restoration responsibility in academic circles is not very clear.Some scholars believe that ecological restoration responsibility is the manifestation of restoration responsibility,Some scholars believe that ecological restoration is the obligation of the state and should be implemented by national organizations.It is not a specific form of environmental legal responsibility,Some people also think that ecological restoration responsibility is a new form of environmental liability,which is a comprehensive legal liability composed of environmental civil liability,environmental criminal liability,and environmental administrative liability.The uncertainty of the nature of ecological restoration responsibility leads to many difficulties and shackles in the application of the law.For example,there is no clear legal basis for application,narrow scope of application of liability,unreasonable way of responsibility,and insufficient ability of the subject of responsibility to perform.In view of the existing problems in the application of ecological restoration responsibility,we briefly analyze the reasons for it and put forward some suggestions for its improvement.The difficulties of ecological restoration responsibility in application are mainly due to the following aspects.First,ecological restoration responsibility is in the exploration stage,and the corresponding legislation has lag.Second,the identification of ecological environmental damage is very complex,and the applicable circumstances of liability are difficult to determine.Third,the application of economic responsibility is always preferred but there are disadvantages.Fourth,the guarantee mechanism is not perfect when the responsible person is not able to perform.Based on the above reasons,we put forward corresponding suggestions,such as the formulation of a special ecological environmental damage repair law,clearly define the legal basis for the application of liability.We will improve the assessment and assessment mechanism for ecological damage and harmonize the applicable standards for ecological restoration responsibilities.Optimizing the way of responsibility,taking the responsibility of behavior as the main and economic responsibility as the supplementary.We will establish and improve mechanisms to guarantee ecological restoration deposits and other responsibilities.All in all,the emergence of the legal system of ecological restoration is a positive exploration of the way of ecological damage relief in the judicial community,which is conducive to the innovation and development of the concept of environmental justice,the environmental liability system and the relief model.It is a necessary way to realize harmony between man and nature,and an important measure to build ecological civilization in our country.