Research On Ecological Restoration Responsibility System In Environmental Tort Relief

Responsibility for ecological restoration is to restore the damaged ecology to its original state or even a further way of ecological environmental relief.In the field of environmental infringement,it has irreplaceable advantages in restoring its original state,and can be more conducive to reshaping the natural ecology and relieving society.Western developed countries have gradually developed an ecological restoration responsibility system since the 19th century.There have been relatively rich theoretical research and practical experience in the construction of this system.In recent years,China has gradually established and improved this system in the process of judicial practice.And become a brand-new way of assuming responsibility for ecological environment damage relief and the preferred choice of court orders.The construction of an ecological restoration responsibility system is of great significance to the realization of Chinese ecological value and social interests.Chinese scholars have also done a lot of research and discussion on ecological restoration responsibility,and further clarified its concept and nature.The promulgation and implementation of the Civil Code of the People’s Republic of China formally established the responsibility for ecological restoration in the form of legislation,clarified the applicable conditions of the responsibility,the subject of rights and the subject of responsibility,provided a substantive law basis for judicial practice,and enabled China to step a new level into the construction of the responsibility system.As a new way of assuming responsibility,the current ecological restoration responsibility system in my country still has problems such as incomplete legal norms,insufficient practical experience,and incomplete guarantee system in the initial stage of establishment.Although academic circles have done relevant research on this,most of them at the theoretical level,there are few discussions at the judicial application level.This article attempts to start from the judicial precedents of the courts in the past five years,analyzes the current judicial practice in Chinese environmental damage relief responsibility selection,further clarifies the relationship between restoration and ecological restoration responsibility,and introduces the beneficial experience of the relevant systems in western developed countries,with a view to briefly sort out the existing or possible problems in the construction of Chinese ecological restoration responsibility system and put forward corresponding suggestions.After referring to relevant researches at home and abroad,this article is divided into four parts to study the relevant issues of Chinese ecological restoration responsibility system.In the first part,this article retrieved and sorted out the relevant cases in the field of environmental infringement responsibility and the way of assuming the responsibility from the authoritative legal database in the past five years.From the analysis of environmental pollution and ecological damage,we clarified the object of discussion in this article.The status quo and problems of judicial choice,the introduction of the view that the restoration of the original state should be denied as an independent form of responsibility in the relief model of ecological damage.In the second part,this article compares and analyzes the two forms of responsibility for ecological restoration and restoration,and concludes that although the two are homogenous in some aspects,they are both in terms of target legal benefits,judgment standards,forms of responsibility,and actual results.There are quite different conclusions.The concept and nature of the responsibility for ecological restoration are clarified to introduce an introduction to the system of responsibility for ecological restoration outside the territory,and pave the way for the following suggestions on applying ecological restoration responsibility in environmental damage relief and perfecting its realization path.In the third part,this article selects three typical developed countries,the United States,Germany,and Japan,and briefly introduces the development process and beneficial experience of their ecological restoration responsibility system.The design of related systems such as the super fund in the United States,the polluter responsibility principle in Germany,and the strict liability to perpetrators in Japan has a great reference significance for the construction of this system in China.In the fourth part,this article provide a simple suggestion to contributes to the realization of the ecological restoration responsibility system in terms of improving relevant laws and regulations,providing adequate safeguards,and expanding third-party participation channels based on the main viewpoints of the academic.