An Independent Study Of Environmental Remediation Responsibility

The deterioration of ecological environment and the irreplaceability of environmental rights determine that it is very important to repair the environment in the relief of environmental damage.This makes environmental remediation responsibility an important form of environmental damage relief.There are essential differences between restoration and environmental remediation.It is limited to understand and apply the environmental remediation responsibility under restoration,and the environmental remediation responsibility should be regarded as an independent way of responsibility undertaking.The Civil Code and the amendment of relevant judicial interpretations in 2020 provide an independent legal basis for environmental remediation responsibility,but they are limited to a few general provisions and lack of systematic institutional construction.Based on this situation,we should summarize and sort out the main contents of current legislative norms on the basis of discriminating and analyzing the relevant legal concepts of environmental restoration and ecological restoration.To find out the shortcomings of independent regulation of environmental remediation responsibility in legislation.And through the study of the independent responsibility for environmental restoration of the debate and unity of the process and the independent responsibility for environmental restoration of the judicial development process.Make full use of the existing research results and advanced judgment experience in judicial practice.To demonstrate the value of independent responsibility for environmental remediation.Build the applicable rules for environmental remediation responsibility.And from the legislative,administrative,judicial aspects of environmental restoration responsibility independent realization path.Besides the introduction and conclusion,the article has five chapters.The first chapter mainly analyzes the concept of environmental remediation and other similar concepts.Analyze the nature and connotation of environmental remediation responsibility.The value of independent responsibility for environmental remediation is demonstrated from three aspects of legitimacy,necessity and feasibility.To provide the theoretical basis for the following chapters.The second chapter analyzes the development process of independent environmental remediation responsibility in China from three aspects of judicial practice,academic disputes and legislation,and clarifies the current situation and shortcomings of independent development of environmental remediation responsibility in China.The third and fourth chapters mainly constructs the system of environmental remediation responsibility and clarifies the applicable conditions and special rules of this form of responsibility.Finally,through the fifth chapter,the realization path of independent responsibility for environmental remediation is demonstrated,in order to show the content of system construction,truly realize the independent responsibility for environmental remediation,and make it a legal system that is different from other similar legal systems and universally applicable in the field of environmental law,with unified judicial application.