Research On The Responsibility Of Ecological Environment Restoration

With the continuous development and progress of human society,the relationship between the ecological environment and people has become more and more close,and the degree of damage to the ecological environment has also increased.In this context,some advanced countries that have already had an industrialization process first recognized this problem and carried out corresponding governance.Although compared with other countries,China’s ecological environment restoration work started late,but now,under the correct guidance of the Party and the government,people are paying more and more attention to environmental issues,and the related ecological environment restoration work is also in full swing,in legal practice,ecological environment restoration cases are also increasing,but also for us to improve the legal norms of ecological environment restoration laid a solid practical basis,and in this process,we have obtained a series of excellent experience.However,it has also emerged many problems,which urgently need to be dealt with,which shows that further improving China’s ecological environmental protection legal system is not only the legal basis for better handling the growing number of ecological environment restoration cases,but also an important part of ecological civilization construction.The Civil Code includes the liability for ecological environment restoration in the sub-part of "tort liability",indicating that the legislature has shifted the focus of ecological environmental protection to requiring the parties to bear responsibility,which has an important guiding role in real life.In order to better implement the Civil Code,in terms of ecological environmental protection,relevant judicial interpretations have also been revised accordingly,and among these revisions,the most striking one is that the legislator distinguishes between the restoration and restoration of the ecological environment,changing the confusing and ambiguous pattern of the past,thus promoting the breakthrough progress in China’s ecological environment legislation.Therefore,the research on the responsibility of ecological environment restoration first starts from its theoretical proof,explains the concept of ecological environment restoration and ecological environment restoration responsibility,clarifies its legal concept and legal relationship,and finally clarifies the characteristics of ecological environment restoration responsibility.Including the diversity of responsible subjects,the professionalism of restoration technology and the complexity of protection interests.Secondly,from the actual situation of judicial practice,various problems arising on China’s ecological environment restoration responsibilities are analyzed,including legislative issues stipulated by relevant laws,that is,the content is not detailed enough and the legal system is not coordinated and unified enough;The application rate of behavioral responsibility in the repair responsibility bearing method is low,and the cost of economic responsibility application is too high;The restoration criteria are unclear and the damage determination criteria are vague;The supervision mechanism for repair responsibility is not perfect,etc.Thirdly,the foreign system of responsibility for ecological environment restoration was introduced,and successful experience was learned for further improving China’s institutional system,fund system and responsibility realization on this responsibility.Finally,suggestions are put forward to improve the responsibility of ecological environment restoration.In terms of legislation,attention should be paid to the refinement of content and the systematization and coordination of relevant laws;In terms of judicial application,in accordance with the principle of giving priority to behavioral responsibility,increase the application rate of behavioral responsibility and reduce the cost of application of economic responsibility;In terms of specific operations,clarify the damage determination criteria for assuming responsibility and the acceptance assessment criteria after repair;In terms of supervision and management,the external audit responsibility supervision and management model is introduced,and the public-private integration model can be applied to the supervision of the use of repair costs to ensure the safety and efficiency of the use of repair costs.