Research On Civil Liability Application Problem Of Ecological Environment Restoration

The 1234 clause of the Civil Code initially and formally established ecological environment restoration liability,at the same time of enriching the ecological environment damage remedy approach of our country,it largely promoted the development of the environment rule of law of our country,revealing era characteristics and practical feature.Along with formal execution of Civil Code,the conception of ecological environment restoration liability is becoming gradually explicit,its positioning in the civil liability system is also gradually becoming clear,the specific application of ecological environment restoration liability will become key point of theoretical research.Starting from the perspective of civil law,this paper focuses on research on the problems in judicial application of ecological environment restoration liability,the whole paper is divided into four parts:The first part is introduction of ecological environment restoration liability.Through comb of related stipulation of ecological environment restoration liability of environment law and civil law domains of our country,it clarifies the current application status referred by various specifications,and clarifies the conception of ecological environment restoration liability.Then by interpreting stipulation of the 1234 clause of the Civil Law,confirms the key components,subject of claim right,subject of liability as well as liability manner etc.of the ecological environment restoration liability,establishes specification foundation for research of this paper.The second part is positioning of ecological environment restoration liability in civil liability system.Through analysis of relationship among ecological environment restoration liability,restitution and liability for damage,it clarifies the independence of ecological environment restoration liability,and confirms the necessity of civil legislation to strengthen ecological environment restoration liability independent stipulation,promotes the academic world to carry out independent thinking on ecological environment restoration,and answers question of positioning of ecological environment restoration liability in civil liability system.The third part is current judicial application status and problem analysis of ecological environment restoration liability.Based on independent thinking on ecological environment restoration,the third part clarifies that ecological environment restoration liability should be applied independently in environment juridical practice of our country,and through comb and analysis on environment juridical case after introduction of the Civil Code,focuses on in-depth analysis of application problem that ecological environment restoration liability confronts in environmental juridical practice of our country from the four aspects of subject of claim right,subject of liability,liability manner and restoration standard of ecological environment restoration,clarifies the key issues of research of this paper.The fourth part is improvement countermeasures of ecological environment restoration liability.Based on clarification of application problem of ecological environment restoration liability,it combines with ecological environment restoration practice of our country,and proposes targeted improvement countermeasure to the problem in application of ecological environment restoration liability from the three aspects of specification basis,judicial application as well as supporting system,expecting to provide theoretical reference for standardizing application of ecological environment restoration liability and promoting execution of ecological environment restoration work.