| The ecological environment is the crucial lifeline of human survival and social development,and the changes of it will directly affects the civilization rise or fall.While people use the ecological environment to develop themselves and seek economic benefits,they must be respectful,raise the adaptability and protect the ecological environment.Since the reform and open policy,our country’s economic quality and efficiency have shown a trend of rapid improvement,and various achievement have become well-known in foreign country.However,behind this rapid improving process,there are many ecological environments that exceed the carrying capacity of the ecological environment.Which affects the ecological environment’s self-repairing capacity environmental issue.The negative effects had derived from those problems which had evolved into the livelihood and pain of people.The report of the 19 th National Congress of the Communist Party of China proposes to accelerate the reform of the ecological civilization system and build a beautiful China.It is necessary to increase the protection of the ecosystem,implement the major ecological system protection and restoration projects,optimize the ecological security barrier system,and improve the quality and stability of the ecosystem;The 14 th Five-Year Plan also sets the achievement of new progress in ecological civilization construction as the main goal of economic and social development in the new era.It proposes to achieve significant results in the green transformation of production and lifestyle,more reasonable allocation of energy resources,effectively improved utilization efficiency,and sustainable ecological environment.Improved,the ecological security barrier is a more solid and in a good situation.All this shows the importance and determination of our country to the ecological environment,and also puts forward newer,higher and more specific requirements for the restoration of ecological environmental damage.From the long-term development experience and judicially practice,due to the lagging concept of ecological environmental protection and the limited scientific and technological means,many enterprises often sacrifice ecological environmental benefits and transfer the responsibility of polluters in the process of seeking to maximize their economic benefits.Lower production and operating input costs in exchange for higher economic income,but this has also cause the damage to the ecological environment or even become non-reversible.While enterprises are the biggest beneficiaries of the ecological environment,they have also become the biggest polluters of the ecological environment.In our country’s existing laws and regulations,the status of the enterprise as the main body of responsibility for the restoration of ecological environmental damage has not yet been clarified.There are practical difficulties and lack of institutions in the identification and performance of the responsibility for the restoration of ecological environmental damage."The dilemma is difficult to truly break through.Therefore,conduct research on the responsibility for the restoration of the ecological environment damage of the enterprise,further improve the legislation on the responsibility for the restoration of the ecological environment damage,clarify the status of the enterprise as the main body of responsibility,determine the feasible ecological environment damage facts and the identification method of the restoration target,and establish a complete restoration of the ecological environment damage of the enterprise Responsibility performance and supervision mechanisms are the general trend and popular aspirations.The "Civil Code of the People’s Republic of China" is known as the "Green Code",which has added "green clauses" that stipulate the responsibility for the restoration of ecological damage,forming a powerful ecological environment protection system,which will help to restrict more stringent legal liabilities Actor,thereby preventing the occurrence of damage to the ecological environment;helping to repair and improve the ecological environment that has been damaged or even destroyed in a timely manner,thereby relieving and protecting the interests of the ecological environment;helping to strengthen the punishment of violators,so as to achieve The effect of deterring society.These regulations provide a substantive legal basis for the relief of ecological environmental damage,and also provide a strong applicable and operability legal guide for the "enterprise" as the responsible subject to bear the responsibility for ecological environmental damage restoration.Ecological environmental protection is inseparable from the comprehensive governance system and governance model of "government-led,enterprise-based,and public participation".Through continuous in-depth research and practice,and improvement of relevant laws and regulations,the relief of the damages,the restoration and the further promotion of ecological environment protection are of great significance to the improvement of the modernization of ecological environment governance.The ecological environment is related to the well-being of the people and the sustainable development of human society.Ecological environmental protection must be brought into the track of institutionalization and legalization.A strict legal system should be used to protect the ecological environment.A clear responsibility system should be used to restrict corporate behavior.Based on the principle of conforming to the laws of nature,and the goal of harmonious coexistence between man and nature,we will work together and persevere to win the battle of ecological and environmental protection. |