Research On Legal System Of Ecological Environment Restoration Foundtion

Ecological Environment Restoration Foundtion refers to a non-profit fund that raises all kinds of funds for repairing the damaged ecological environment and implements unified management and use.The legal system of Ecological Environment Restoration Foundtion can be divided into fund-raising system,management system and use system.At present,China has not formulated special laws for Ecological Environment Restoration Foundtion.Only the administrative regulations issued by the central and local governments are used as the basis.There are inconsistent regulations between the central and local governments and between local and local governments.The local innovation in the management and use of Ecological Environment Restoration Foundtion conflicts with the regulations of the central government.According to the regulations of the central government,the funds for ecological environment restoration should be arranged by the central budget.As one of the sources of funds for ecological environment restoration,the compensation for ecological environment damage and the compensation ordered by the court in the environmental public interest lawsuit should also be incorporated into the national treasury.After changing the nature,it should be arranged by the government budget,which makes the ecological environment restoration work only rely on financial investment.Facing the high cost of ecological environment restoration,governments are raising funds through diversified ways to reduce the financial pressure of governments.The management and use system of Ecological Environment Restoration Foundtion is the top priority.There is a contest between public power and private power in the management of Ecological Environment Restoration Foundtion in China.Ecological Environment Restoration Foundtion needs the cooperation of various departments from raising to receiving management to applying for use and approval.The subject of public power has constructed a relatively perfect administrative organization system,which has natural advantages.However,the model of taking the environmental protection department as the subject of fund application and the financial department as the subject of fund approval and allocation leads to the contradiction that the government is both a manager and a supervisor,which can not really realize the supervision of the fund.It is necessary to use the principle of two-tier trust,which is entrusted by the owner of the Ecological Environment Restoration Foundtion(i.e.the public)to the government for management,that is,the first tier trust.The government then entrusts a trust company established by state participation or holding to establish an ecological environment restoration public trust,the trust company is responsible for managing and operating the fund,the subject of public power finally return to the role of law enforcement supervision.The responsibility of ecological environment restoration should not only be borne by the government and enterprises,but also pay attention to the power of the public.In terms of fund-raising,the state can attract the public to buy by issuing environmental protection lottery tickets to raise funds.In terms of management,the public should be allowed to learn about the operation and use of the fund from the institutions managing the Ecological Environment Restoration Foundtion to protect the right to know of the public.In terms of use,the responsible person and interested party in the case of ecological environment damage should be included in the scope of the subject applying for the use of the foundation.