Study On The Implementation Of Liability Of Ecological Environment Restoration

Besides economic values,ecological environment has ecological functions and values that are public and unspecific,so it’s difficult to obtain effective relief when facing ecological environment damage.Ecological functions and values of ecological environment can be contained in the scope of protection with the establishment of environment restoration in the environmental civil public interest litigation.However,the limitation of traditional tort liability,such as restitution and damages,can’t meet the need of relief of ecological environmental damage.In order to make up for the inadequacy of traditional tort liability,ecological environment restoration comes into being.Ecological environment restoration takes the ecology principle as the foundation to repair ecological functions and values of ecological environment.Infringers can be asked to make up for ecological environmental damage by taking artificial measures including behavior responsibility and economic responsibility.At the present stage,the development of ecological environment restoration focuses on jurisdiction lever rather than legislation level.On the ways of the application of ecological environment restoration,there are innovative modes in the judicial practice,such as the substituted fulfillment,subtraction of term of labour service and ex situ repair.On the management and usage,some courts set up specialized fund account to operate the funds of ecological environment restoration.Judicial activity is benefit to improve the operability of ecological environment restoration and make up for law vacancy to some extent,but also causes some problems.The primary problems are validity and consistency in the judicial practice.In order to construct the form of liability of ecological environment restoration,firstly,it’s necessary to clarify the generation of ecological environment restoration,the distinction between ecological environment restoration and traditional tort liability,and the implementation status in the environment civil public interest litigation.Secondly,it’s important to perfect the target,the ways of application and administration modes by analyzing difficulty,emphasis and experience in the judicial practice.Finally,perform safeguard and supervision must be strengthened to make sure that ecological environment restoration can be executed.