Research On The Responsibility Of Environmental Damage Repair

With the rapid development of economy,the problem of environmental pollution becomes more and more serious.Legal means are essential to alleviate environmental problems.The traditional environmental tort law focuses on the relief of personal and property rights,but neglects the relief of the environment itself.With the influence of restorative environmental justice concept,local courts take the lead in applying the responsibility of environmental restoration,focusing on the relief of the environment itself.For example,in specific cases," different places to supplement planting "," labor compensation "," proliferation and release ","replanting green " and so on.At present,the responsibility of environmental damage repair is not mature in theory and justice.The main problems are: first,the basic theory is not uniform.on the connotation and nature of environmental damage repair liability.Second,the lack of judicial cases collation and research.At present,scholars lack the collation and analysis of judicial cases,most of them directly expound the theory of repair responsibility.Third,the repair responsibility in the specific content,supporting mechanisms lack of perfection.Through combing the domestic and foreign research status of environmental damage repair liability,combined with the current situation of judicial practice in China.This paper combs the basic theory of repair responsibility,including connotation,nature and value.It is clear that its nature is environmental civil liability based on restitution,which is the ecological expression of traditional civil liability restoration in the field of environment.Improve the collection and research of judicial cases,summarize the laws and problems of judicial application.Therefore,some suggestions are put forward to improve the responsibility of environmental damage repair: first,to perfect the specific contents of the responsibility of environmental damage repair,including expanding the main scope of the responsibility of repair,defining the third party acting as the main way of performance,and defining the standard of repair;second,to perfect the supporting mechanism for the realization of the responsibility of environmental damage repair,including perfecting the mechanism of environmental damage appraisal and evaluation,perfecting the mechanism of fund guarantee for repair,and defining the mechanism of repair supervision.The author limits the scope of the research to the application of environmental restoration liability in the civil field,which can highlight the civil nature of environmental restoration liability and the key problems of the research.