| With the growing severity of ecological and environmental problems,in terms of remedies for ecological and environmental damage,the Supreme People’s Court issued relevant provisions that the defendant should bear the responsibility for ecological environment restoration or directly judge him to bear the cost of ecological restoration,and ecological restoration began to be widely applied.The ecological restoration fund,as a financial guarantee system in the ecological restoration system,has an important role in promoting ecological restoration.It not only helps to repair the environment that has suffered ecological damage,but also helps to prevent the funds from being used for other purposes according to its own internal design,so that the ecological restoration funds can be fully used to repair the ecological damage.The paper begins with the concept of ecological restoration and identifies environmental restoration,ecological restoration,and ecoenvironmental restoration.This will explain why the term eco-restoration was chosen and what it means,i.e.,it aims to improve the status of damaged environmental elements and restore the overall structure and function of the ecosystem using biological,physical,and chemical techniques.It is further explained that the legal system of the ecological restoration fund is an organization established for the purpose of ecological restoration,which defines the sources of funds,the subjects of management,the procedures for their use,and the arrangements for their supervision.In the chapter of status quo,I found that the current regulations on ecological restoration funds in China are mostly based on departmental regulations and local government regulations,and their practice is mainly divided into funds led by administrative organs,funds led by judicial organs and funds led by public welfare organizations.Through sorting out and analyzing the relevant domestic regulations and practices,we summarized several problems of China’s ecological restoration fund: in terms of the fund’s management subjects,there are different management subjects,thus resulting in the ambiguity of the fund’s legal nature;in terms of the fund’s capital,there are problems of a single source of fund and the lack of a recovery system;in terms of the fund’s use,there are problems of an overly principled fund use procedure and the lack of an emergency mechanism;in terms of the fund’s supervision,there are problems of a single supervisory body and the principle of specific provisions for supervision.In the improvement of the ecological restoration fund,the author believes that,first of all,it is necessary to clarify that the management body of the fund should adopt the way of mutual cooperation between administrative organs and public welfare organizations.Secondly,in terms of fund sources,the sources of funds should be diversified,specifically including: environmental taxes,ecolotteries,social contributions and other fees.Thirdly,with regard to the procedures for the use of the fund,they should be improved in terms of constructing four categories of use situations,limiting the scope of use and excluding the situations that apply,and general and special use procedures.To establish a supervision system that combines external supervision and internal supervision in the supervision of the fund,while further improving the information disclosure system.Finally,in terms of the fund’s recovery,it is clear that the subject of recovery is the responsible person who has lost the ability to pay or the responsible person who cannot be found temporarily but is discovered later,and that the right of recovery is exercised through negotiation or litigation by introducing the basis of the most right of recovery by causeless management. |
