Research On The Responsibility Of Ecological Environment Restoration

The "Code of the People’s Republic of China" implemented by 2021 provides the responsibility for the restoration of the ecological environment in the infringement editor,and provides a civil entity law basis for the relief of the ecological environment damage.In the relevant judicial interpretation of 2015,the regulations for repairing the ecological environment have appeared,and it has begun to apply in justice.Although the Civil Code stipulates the responsibility of the ecological environment in the infringement,the controversy of the academic community’s responsibility for the restoration of the ecological environment has not stopped due to the introduction of the Civil Code.The responsibility of the restoration of the ecological environment is responsible for the protection and improvement of my country’s ecological environment in the new era.The recovery and filling of the benefits of damaged public environment is also the most effective way to protect the public environment.Therefore,continuing to study the responsibility for the restoration of the ecological environment,clarify and improve the relevant regulations,will help protect the public interests of the ecological environment and promote the construction of a modern state of green and ecology.Compared with other infringement responsibilities,the responsibility for the restoration of the ecological environment has its own characteristics,so it is more controversial to the nature of the responsibility.The Civil Code innovatively included it into the infringement and set the tone for the nature of its civil liability.And the responsibility is developed from the "restoration of the original",which is the application of a broad sense of the original state after being adjusted in the ecological field.As a method of responsibility for environmental public welfare infringement,compared with the traditional environmental private benefits of infringement responsibility,the ecological environment restoration is different from the constituent elements.In terms of infringement,the responsibility for the restoration of the ecological environment requires the infringement.The main body of the right to restore the responsibility of the ecological environment includes the infringement,the government and its designated departments and institutions,the authorities and organizations,and the procuratorial organs.The exercise of the relevant legal norms of the right to restore the restoration of ecological environment stipulates two ways.One is the private benefit of the infringer,and the other is the public welfare relief pathway of other subjects.Article 1,234 of the Civil Code,integrates the right to claim the right to compensate for the ecological environmental damage lawsuit and environmental public interest litigation in the public welfare relief channel.There are some contradictions in the logic and position.It is necessary to re-straighten the logic and settlement of the rights of rights under the background of the Civil Code.Article 1234 of the Civil Code stipulates that the main body liable for ecological environment restoration is the infringer.It has not been provided for the responsibility of the third party’s responsibility.The narrow scope of the responsibility is not conducive to the application of the restoration of the ecological environment and the protection of the ecological environment.It is necessary to incorporate the third party into the scope of the responsible subject.At the same time,it can be confirmed that the government’s supplementary responsibility can be confirmed.When the result of ecological environmental damage,there is no responsibility to bear the subject,and the government shall bear the responsibility of repair.The implementation of the responsibility of the restoration of the ecological environment cannot be separated from the guarantee mechanism.Ecological environmental restoration funds are an important guarantee for the implementation of restoration measures,but only regulatory documents are currently made in general regulations.There are different ways to manage funds in judicial practice in various places,and even the idle and misappropriation of restoration of funds.Therefore,it is necessary to set up a special ecological environmental restoration fund management agency,which is not only conducive to management,supervision and use of repair funds,but also conducive to exploring the value-added of repairing funds,and providing sufficient financial support for the development of the repair work.The supervision mechanism of ecological environmental restoration is a necessary guarantee for the legal and regulatory results of the repair process and the results of repair,which is related to the realization of the purpose of the restoration of the ecological environment.Therefore,the supervision mechanism of repairing responsibilities should be established as soon as possible to introduce the subject of multi-party supervision and improve the acceptance of the repair results.