On The Attribute And Realization Of Responsibility For Ecological Restoration

Responsibility for ecological environment restoration is the main form of realization of environmental legal responsibility,and it is related to the success or failure of ecological damage relief.In recent years,the academic debates and practical application of the responsibility of ecological environment restoration have mostly been carried out under the condition of confusion of legal concepts and unclear attributes of responsibility.On the one hand,the accountability for restoration of the ecological environment based on the vague legal concept is far from reaching the institutional goals and value pursuits under the background of the era of ecological civilization and rule of law;on the other hand,as a legal liability method,the responsibility for restoration of the ecological environment in judicial practice The attribute of private law liability is obvious,and the "Civil Code" tort liability edition includes the responsibility for restoration of ecological environmental damage.However,under the theoretical framework of private law responsibility,the ecological environment restoration responsibility cannot be satisfactorily explained and applied,and the“private law responsibility theory” generally accepted by the academic circles needs to be denied.Following the dual division of public and private laws in the civil law system,re-analyze and define the legal concept of ecological environment restoration,sort out the target legal benefits and obligations of the ecological environment restoration responsibility,and refer to the advanced experience of external ecological environment restoration accountability,and the ecological environment restoration responsibility is practical.For the public law responsibility,the ecological environment restoration responsibility form under the "public law responsibility theory" includes individual restoration responsibility,government restoration responsibility,and socialized restoration responsibility sharing,which has certain feasibility.The realization of the responsibility for the restoration of the ecological environment in China should be under the attribute of public law responsibility,and an ecological environment restoration responsibility system with public and private benefits and socialization as the direction should be formed.Discussed separately due to the difference in the form of responsibility: the individual’s responsibility for restoration should be handled administratively As the leading,litigation mechanism as the auxiliary,build an ecological environment restoration responsibility realization mechanism centered on administrative consultation restoration,administrative order restoration,and administrative agency performance restoration;the government’s ecological environment restoration responsibility should highlight the government ’ s "meta governance" role and emphasize public The intervention of power,through the enhancement of administrative processing methods,the enhancement of public power restoration capabilities,and the improvement of related supervision,evaluation,and accountability systems,the establishment of a public law framework that focuses on the protection of ecological interests and takes into account economic and social interests of the ecological environment restoration responsibility government Undertaking mechanism;the sharing of socialized restoration responsibility is within the framework of the ecological environment restoration responsibility system.As a supplementary and comprehensive relief method,its commitment should be supported by the environmental fund and environmental liability insurance system to complete it for the government or Individuals who do not have the ability to repair for the time being share the social management functions of environmental protection responsibilities.