Research On Subject Of Ecological Environment Restoration

The subject system of ecological restoration is an important part of the legal system of ecological restoration in China.Since China formally established the legal status of ecological restoration responsibility,the practical exploration and theoretical research on the subject of ecological restoration has become a hot topic.In the two judicial interpretations issued by the Supreme People’s Court,ecological restoration was first proposed as the way of assuming responsibility for environmental damage,which became an important legal basis for confirming the subject of ecological restoration.Article 1234 of the Civil Code takes the ecological environment infringer as the subject of restoration and makes specific provisions on the subject of restoration.Scholars also discussed and studied the concept,scope and diversification trend of ecological restoration subject,and put forward valuable suggestions for improving the ecological restoration subject system in China.But with the deepening of the theoretical study and repair the advancement of practice,the main body in ecological restoration system still has exposed many problems,ecological restoration responsibility legal attribute of fuzzy,imperfect repair subject scope narrow,form a complete set of mechanism of ecological problems such as repair has negative influences the construction of subject system,hinder the work of ecological restoration in China.Based on the public law attribute of ecological restoration responsibility,this paper studies the multi-subject system of ecological restoration.By sorting out relevant theories,studying the diversification trend of ecological restoration subjects in China and clarifying the rights and obligations of each subject,the theoretical basis for different types of subjects to participate in ecological restoration is provided.The subject of ecological environment damage was further subdivided into the person responsible for behavior and the person responsible for state,thus expanding the scope of the subject of restoration.At the same time,the diversification of think repair is important guarantee to build corresponding mechanism,through ecological restoration funds institutional guarantee body repair ability,perfect the third party to repair subject market access and exit mechanism,establish repair regulation mechanism,and strengthen the body coordinate linkage,ensure orderly work to promote ecological restoration governance in China.