Research On The Realization Of China’s Right Of Claim For Ecological Environment Restoration

The judicial restoration procedure has become the main way to ensure the right of claim for ecological environment restoration.However,there are problems such as unclear provisions in substantive law and poor connection in procedural law practically in ecological environment restoration.In view of this situation,this paper uses literature research method,empirical analysis method and basis analysis method of the right of claim to study the theory and practice of our right of claim for ecological environment restoration,and hopes to explore more feasible paths to restore ecological environment.By focusing on the right’s latest judicial application and examining the existing system,the paper summarizes many difficulties that exist at the level of procedural law and substantive law,mainly including the incompatibility of judicial procedures,unclear provisions on the subject of the right of claim,unreasonable delineation of the liability for restoration,and poor implementation of the judgment.The main reason is that the existing theoretical study in China cannot support the complex ecological restoration practice.Therefore,this paper focuses on four dimensions to renew the jurisprudence on the basic issues of the right of claim for ecological environment restoration:firstly,build a strong theoretical foundation of the right,taking the theory of ecological justice,the environmental obligation-based theory and the sustainable development theory as its basic theoretical support;secondly,explore and analyze the public and private law remedial properties of the right,focusing on the theoretical thinking pattern of reasonable ecological environment restoration from public and private law synergy perspective;thirdly,analyze the legal features of the right,and its legal position is located in terms of the legal nature of the subject,the public interest nature of the object,the relief nature of the content and the primacy of the liability mode;fourthly,take advantage of the relief function of the right,and give full play to its important role of implementing the principle of liability for damages and expanding the relief of the claim for private interests.Then this paper proposes a full path for the realization of the right of claim for ecological environment restoration:by formulating special eco-environmental restoration laws,getting procedural access to eco-environmental damage compensation litigation and environmental public interest litigation,clarifying the right and liability subjects of the claim,improving the liability system,and perfecting the means of implementation,we are fully committed to the realization of the right of claim for ecological environment restoration to protect full interests of the ecological environment with innovative behavior and economic liability.