Research On Civil Liability Of Ecological Restoration In China

In recent years,the severe situation facing our country’s ecological environment has not been significantly improved.Although in recent years China has continuously increased the frequency of " ecological protection" in major academic conferences,authoritative forums,and lectures given by institutions,it has still not been able to achieve effective improvement.Ecological civilization was mentioned as a very important position after the 18 th National Congress of the Communist Party of China.Since then,it has been hotly discussed,causing all sectors of society to continuously think and break through in a wide range of platforms and diversified perspectives.The 19 th National Congress of the Communist Party of China proposed that speeding up the reform of the system of ecological civilization and strengthening the protection of the ecological environment are powerful policy support and value orientation for the construction of ecological civilization for civil liability for ecological restoration.The " General Provisions of the Civil Law of the People’s Republic of China(Draft)"(hereinafter referred to as the " General Provisions of the Civil Law(Draft)")added to or deleted from the " Restoration of Ecological Environment" as a brand-new way of bearing civil liability,and there is no such provision in the " General Provisions of the Civil Law" finally passed.Whether this kind of liability should be included in the " General Provisions of the Civil Law" is another matter for the time being.Such an idea is sufficient to reflect that legislators in our country attach great importance to this issue.Besides,it also laterally confirms that the liability for restoration of the original state and the civil liability for ecological restoration are identical.In environmental public interest litigation,the provision on " restitution" comes from the provisions of two judicial interpretations respectively issued by the Supreme People’s Court in2015,one is Article 20 of the Interpretation on Several Issues Concerning the Application of Law in Hearing Environmental Civil Litigation Cases(hereinafter referred to as " Judicial Interpretation on Environmental Public Interest Litigation"),the other is Article 14 of the Interpretation on Several Issues Concerning the Application of Law in Hearing Environmental Tort Liability Disputes(hereinafter referred to as " Judicial Interpretation on Tort Liability").One of the ways to bear the responsibility in environmental civil public interest litigation is "restoration to the original state".As one of the ways to realize the responsibility of restoration to the original state,civil liability for ecological restoration has played an irreplaceable role in ecological protection and how to relieve ecological damage from the beginning.The civil liability for ecological restoration is not the way to bear the liability clearly stipulated by law.The above provisions of the Supreme People’s Court do not stipulate a new form of responsibility,but an expanded interpretation of " restitution" in civil law.This article attempts to write the basic concept of civil liability for ecological restoration first,through the relevant laws,regulations,rules,judicial interpretations and its application in practice,to sort out and analyze its shortcomings in practice,and then through the study of relevant extraterritorial legislation,to learn advanced systems and experiences,to suit the remedy to the case,to find out the corresponding solutions,in order to sum up more appropriate suggestions on how to improve the civil liability for ecological restoration.The full text is divided into the following six parts:The first part is the introduction of the background of civil liability for ecological restoration,defines the legal basis of the topic selection,and the research status at home and abroad.The second part is an overview of the general issues of civil liability for ecological restoration.It differentiates the civil liability for ecological restoration from various concepts,and makes clear the legal concept is the basis of this article.Up to now,there are still some scholars or judicial personnel who understand the civil liability for ecological restoration on the basis of vague legal concepts,and there are some deviations.Through the comparison of similar concepts,this part makes a clearer analysis and definition of civil liability for ecological restoration.The third part is the analysis of the civil liability for ecological restoration.It analyzes the current situation of the civil liability for ecological restoration in combination with our country’s legislation and judicial practice.On this basis,it summarizes the defects of the civil liability for ecological restoration in our country in terms of the subject of liability and the restoration procedure.The fourth part expounds the extraterritorial experience of the civil liability for ecological restoration and the understanding and introduction of the relevant legislation of the civil liability for ecological restoration abroad,thus providing favorable reference value and more choices for the perfection of the civil liability for ecological restoration in our country.The relevant laws of the United States and Germany are elaborated in turn,which are mature in the construction of relevant systems and have certain reference value.The fifth part is to sum up specific suggestions for improving the existing civil liability for ecological restoration in our country.First of all,it is necessary to make clear provisions in special environmental legislation.Second,it is necessary to make clear the preconditions and other relevant suggestions at the applicable level.The sixth part is the conclusion,summarizing and stating the relevant contents of the civil liability for ecological restoration written in this paper,expressing their expectations for the future civil liability for ecological restoration to be more and more perfect,and providing some useful suggestions for the study of civil liability for ecological restoration.