Research On The Implementation Of Ecological Restoration In Environmental Civil Public Interest Litigation

As the main way to bear the responsibility in environmental civil public interest litigation,ecological restoration aims to safeguard the interests of the public and protect citizens’environmental rights,which is public welfare;Ecological restoration is a work involving many related disciplines,which requires professional restoration technology and knowledge;Due to the different specific circumstances of each case,the ways of assuming responsibility for ecological restoration are diverse;Affected by many environmental factors,there are differences in the specific repair content.The way of assuming the responsibility for ecological restoration in environmental civil public interest litigation is similar to that in ecological environmental damage compensation litigation and general civil litigation,but also different in terms of legal basis,scope of application,purpose,standard and fund management.Based on the collected cases,this paper analyzes the practical status of ecological restoration responsibility in the judgment of environmental civil public interest litigation.At present,the ecological restoration responsibility is mainly assumed by economic restoration responsibility,and the restoration content is diversified,and the restoration work is replaceable.At the same time,the implementation of ecological restoration also faces many problems in the aspects of plan formulation,plan implementation,fund management,effect acceptance,etc.,such as the unclear subject of plan formulation and fund management,the difficulty in ensuring that the restoration funds are actually used for ecological restoration,the considerable variability in the content of the plan,the difficulty in scientifically determining the restoration standards,the lack of perfect regulations on agency performance and effect acceptance,the lack of effective supervision,etc.In view of the problems existing in environmental civil public interest litigation in judicial practice,some suggestions are put forward for improvement:in terms of the determination of the subject,introduce professional institutions to develop ecological restoration plans,entrust relevant public welfare funds to manage the ecological restoration funds,and ensure that the restoration funds are earmarked for the specific purpose.The content of the proposed restoration plan should adapt to the actual situation and reasonably determine the restoration standards,and improve the relevant provisions and effect acceptance system of the agency performance,The construction of multiple supervision mechanisms and effective supervision will be conducive to the smooth implementation of ecological restoration.