Research On The Administrative Realization Mechanism Of Ecological Restoration Responsibility

Due to the aggravation of ecological damage,the country attaches more and more importance to the construction of ecological civilization,and requires the improvement of ecological restoration system and the protection of ecological environment with the system.Therefore,the responsibility of ecological restoration arises at the historic moment.Compared with the compensation for ecological damage,requiring the doer to carry out ecological restoration in the way of direct restoration or substitute restoration within a reasonable limit can better maintain the ecological public interests.Therefore,the establishment of ecological restoration responsibility not only responds to the practical needs of ecological protection,but also responds to the needs of The Times to safeguard public interests.At present,the theory and practice of environmental law tend to position ecological restoration liability as civil tort liability,which is realized through the dual litigation mode of environmental civil public interest litigation and ecological damage compensation litigation.The responsibility of ecological restoration is a public legal responsibility set up for the maintenance of ecological public interests.Administrative organs have environmental supervision and management responsibilities based on the national environmental protection obligations.As the "spokesperson" of public interests,it is their duty to investigate the perpetrators of ecological restoration responsibility.The judicial power is the judgment power.Even if the people’s court judges whether the perpetrator bears the responsibility for ecological restoration,the final execution of the judgment still depends on the administrative organ.Therefore,rather than going round and round between the judicial power and the administrative power,the ecological restoration responsibility should be realized under the guidance of the administrative organ.The realization of ecological restoration responsibility by administrative means depends on the combined action of implementation measures(ordered restoration),safeguard measures(ecological restoration performed on behalf of)and supervision measures(environmental supervision).Admittedly,the legal provisions on the administrative realization of ecological restoration responsibility have more or less appeared in the current environmental protection laws and regulations.However,due to the unclear legal basis for the order of restoration,the lack of rules on the implementation procedure of the order of restoration,the current system of acting on behalf of restoration does not fully cover the ecological restoration and the low efficiency of environmental supervision,etc.,As a result,in practice,there are frequent chaotic cases of lax law enforcement,such as "substituting responsibility with punishment",which should be started but not started,and the implementation of ecological restoration responsibility administration fails to play its due effectiveness.Therefore,this paper studies the administrative realization of ecological restoration responsibility,demonstrates the legitimacy of realizing ecological restoration responsibility by administrative means,and on the basis of analyzing the current situation of laws,regulations and administrative law enforcement of realizing ecological restoration responsibility by administrative means,points out the problems existing in various administrative measures to realize ecological restoration responsibility and puts forward the improvement path,so as to achieve the ecological restoration goal.The purpose of maintaining ecological public interests and helping ecological civilization construction.This paper adopts research methods such as case analysis,comparative analysis and interdisciplinary research.Apart from the introduction,this paper is divided into four parts:The first part focuses on the basic theory of ecological restoration responsibility and its administrative realization mechanism.Clarify the preconceived concepts of ecology,environment,ecological environment and ecological damage,clarify the meaning of administrative realization of ecological restoration responsibility,and build the administrative realization framework of ecological restoration responsibility by following the path of implementation measures(ordered restoration),safeguard measures(ecological restoration acting on behalf of performance)and supervision measures(environmental supervision).It also demonstrates the legitimacy of realizing ecological restoration responsibility by administrative means based on the logic line of philosophical foundation of liability establishment law--the basis of liability of the injurer--the basis of administrative realization.The second part focuses on the status quo of laws and regulations and administrative law enforcement for realizing ecological restoration responsibility by administrative means.After searching and sorting out Chinese laws and regulations on the administrative realization of ecological restoration responsibility,it is found that the administrative realization of ecological restoration responsibility presents the characteristics of Environmental Protection Law indirectly providing legal basis for the administrative realization of ecological restoration responsibility.In terms of the current situation of administrative law enforcement,after analyzing the penalty year,penalty basis and penalty consequences(including the reasoning part)of the administrative penalty decision concerning ecological restoration responsibility,it is found that there are some phenomena in the administrative law enforcement practice of ecological restoration responsibility,such as "taking punishment instead of responsibility",keeping with the development of The Times,incomplete information disclosure,and no administration according to law.The third part selects typical cases of administrative law enforcement to analyze the legal dilemma existing in the specific implementation,protection and supervision measures of the administrative mechanism to realize ecological restoration responsibility,such as the connotation and language of ordered restoration are confused,the corresponding supervision measures are not perfect,and the current system of acting on behalf of the ecological restoration responsibility is difficult to fully cover,etc.As a result,administrative organs may violate the principle of "no action without legal authorization" when ordering restoration or acting on behalf of ecological restoration,resulting in frequent lax law enforcement such as "substituting punishment for responsibility".The fourth part is the perfect way to realize the administrative responsibility of ecological restoration.This paper analyzes the reasons why implementing,safeguarding and supervising the responsibility of ecological restoration in administrative mode fail to play a full role.Some suggestions were put forward,such as perfecting the substantive law of ordered restoration,standardizing the implementation procedure of ordered restoration,and clarifying the contents to be performed on behalf of ecological restoration.