Research On The Application Of Liability For Ecological Environment Restoration

In order to echo the requirements of China’s green development in the new era and coordinate the friendly relationship between human development and the ecological environment,at the legal level,the Civil Code clearly stipulates the liability for ecological environment remediation.However,in judicial practice,the implementation of ecological environment remediation liability is not ideal,and there are still many problems at the application level,mainly reflected in the imperfect normative basis for ecological environment remediation liability,the difficulty in determining the facts of ecological environment damage,and the imperfect supporting mechanism for remediation implementation.In order to seek solutions to the above problems and give full play to the utility and value of ecological environment remediation liability,it is necessary to distinguish the basic theory of ecological environment remediation liability in order to seek the root cause,and combs the present condition of judicial application of ecological environmental remediation liability in order to be targeted.Firstly,the basic theory of ecological environment remediation liability is sorted out.As an emerging form of liability,the conceptual connotation of ecological environment remediation liability is still not clear,the nature and positioning are still controversial,and the theoretical basis has not been paid attention to,which seriously hinders the unified application of ecological environment remediation liability.Based on the public welfare value of ecological environment remediation liability,its substantive connotation is to require the perpetrator or other responsible person of ecological environment damage to take relevant measures to restore the function and value of the damaged ecological environment to the state before the damage or required by law.It should be clarified that the liability for ecological environment remediation is obviously different from the liability for remediation of the original state,and it should be characterized as a comprehensive liability,with the characteristics of maintaining the public welfare of value,compensation for damage relief,flexibility of remediation methods,etc.and takes environmental justice theory,state intervention theory and public participation theory as its theoretical foundation.Only by cleaning up the source can we point out the direction for the ameliorate of the judicial application of ecological environment remediation liability.Secondly,comprehensively solve the actuality of the judicial application of ecological environment remediation liability to summarize the problems,and dig deep into the causes to analyze the problems: first,the existing normative basis does not match the characteristics of ecological environment remediation liability enough,resulting in the defect of imperfect application basis in the judicial application of ecological environment remediation liability;Second,the environment itself is circular and fluid,which makes it difficult to determine the facts of ecological environment damage in environmental pollution cases,and at the same time,how to quantify ecological restoration indicators has become a problem when setting remediation goals.Third,destruction of the ecological environment is hidden and long-term,the project of treatment and restoration of ecological environment damage is long and complex,because the supporting mechanism is not yet perfect,it is very easy to breed problems such as inadequate remediation supervision and imperfect management of remediation funds in the remediation process.Finally,based on the basic theory of ecological environment restoration liability and targeted at the problem,the improvement suggestions for the judicial application of ecological environment remediation liability are put forward in a targeted manner.Specifically,in order to solve the problems existing in the judicial application of China’s ecological environment remediation liability,the following measures should be taken: improve the normative basis for ecological environment remediation liability;Develop scientific and actionable damage assessment measures;Set reasonable ecological environment remediation goals based on the integrity of the environment;Establish an effective environmental remediation liability supervision system;Standardize the operational process of environmental remediation funds.