Study On The Application Of Civil Liability For Ecological Restoration

The sea is the foundation upon which life depends.However,currently,illegal mining,destruction of marine living resources,and dumping of wastes from the sea have damaged the marine ecological environment.The Civil Code of the People’s Republic of China adds the responsibility for ecological restoration to the "Responsibility for Environmental Pollution and Ecological Environment Damage" section.It can be seen that the responsibility for ecological restoration has attracted national attention.Therefore,in the context of the implementation of the "Civil Code" and the implementation of China’s marine power strategy,studying the application of civil liability for ecological restoration of marine ecological damage is in line with national policies and national conditions.However,there are still many problems in the application of civil liability for ecological restoration in the field of marine ecology.Therefore,there is an urgent need to improve the application of civil liability for ecological restoration in the field of marine ecology.The first chapter is an overview of civil liability for ecological restoration of marine ecological damage.This article mainly expounds the relevant concepts and bearing methods of civil liability for ecological restoration of marine ecological damage;The characteristics of civil liability for ecological restoration of marine ecological damage;The theoretical basis of civil liability for ecological restoration of marine ecological damage.The second chapter is the current situation of the application of civil liability for ecological restoration of marine ecological damage.Through the screening of 63 cases of civil liability for ecological restoration of marine ecological damage through the Peking University Treasure Database,it has been sorted out that the applicable restoration norms are scattered and mostly principled;The main body of repair responsibility is mostly the person directly responsible for infringement;The main way to bear the responsibility for restoration is to bear the cost of ecological restoration;The repair goal is set to the applicable status quo such as function and state before the damage occurs.The third chapter is about the application of civil liability for ecological restoration of marine ecological damage.Based on the application status of the 63 cases of civil liability for ecological restoration of marine ecological damage mentioned above,it is summarized that there are applicable issues such as incomplete restoration norms,narrow scope of restoration liability subjects,relatively single method of assuming restoration responsibility,and unreasonable setting of restoration objectives.The fourth chapter is the countermeasures for improving the application of civil liability for ecological restoration of marine ecological damage.Including improving the basis of repair specifications;Expand the scope of the subject of repair responsibility,including marine ecological spoilers,developers and users of marine natural resources,national and local governments,insurance companies,etc;Enrich the methods of undertaking repair responsibilities,namely,giving priority to direct repair,flexible application of marine carbon sink alternative repair,and prudent application of bearing ecological repair costs;A comprehensive consideration of the logic of the four elements of the repair objective is provided to provide a reference basis for the court to set reasonable repair objectives in the application process.