Research On The Legal Issues Of Ecological Restoration Responsibility In China

Since the 18 th National Congress of the Communist Party of China(CPC),the state has continuously deepened the strategic plans for ecological protection and restoration,raising the construction of ecological civilization to an unprecedented strategic height.Although a lot of efforts have been put into ecological protection and restoration,the trend of partial improvement and overall deterioration of the ecological environment in China has not been effectively controlled.The Civil Code for the first time established the green principle as the basic principle of civil law,and included ecological repair liability into the tort liability,indicating that legislators put the focus of ecological civilization construction on requiring the infringer to bear strict liability to remedy the damaged ecological environment,which has great practical guiding significance.Through legislation,it can exert its negative evaluation function,investigate the liability of the infringer for ecological restoration,realize strict protection in the real sense,and effectively curb the trend of ecological environment deterioration.Therefore,the responsibility of ecological restoration plays an important role in the construction of ecological civilization in China.However,due to the current ecological restoration responsibility in China is in the initial stage of development,there are disputes in the basic theory level,and the system level has not formed a complete system,which makes the judicial practice into a dilemma,and it is difficult to truly implement the strict ecological protection responsibility.In view of this,it is necessary to study the responsibility of ecological restoration in China,so that the construction of ecological civilization can achieve new progress.Based on the background of the implementation of the Civil Code,the first chapter clarifies the basic concept of ecological restoration responsibility,and on this basis,defines the nature of ecological restoration responsibility,which provides a solid theoretical basis for the following content.The second chapter,starting from the current judicial practice of ecological restoration responsibility in China,analyzes the practical problems existing in the level of liability determination,specifically,there are unclear imputation principle,unclear determination of secondary ecological damage responsibility,etc.The third chapter expounds the problems in the aspect of responsibility bearing.The problems lie in the single subject of responsibility bearing and the chaotic way of responsibility bearing.Based on the root analysis of the above problems,the fourth chapter puts forward legislative suggestions to improve China’s ecological restoration responsibility,and improve the relevant liability guarantee mechanism,so as to promote the legal value and practical effect of China’s ecological restoration responsibility to be truly implemented,in order to accelerate the process of China’s ecological governance modernization.