On The Construction Of Ecological Restoration Liability In The Environmental Code

Since the 18 th Party Congress,the Party Central Committee has brought the construction of ecological civilisation to a particularly high level.With a series of reform pilots and the introduction of laws and regulations,China’s laws on ecological restoration liability have taken shape.2020 promulgated the Civil Code provides a legal basis for ecological restoration liability,however,while the Civil Code focuses on the relief of individual rights and interests,ecological restoration liability focuses on the protection of public interests,and the model of taking into account environmental public welfare through amendments to the Civil Code alone is not sufficient to solve all problems.Against the backdrop of the environmental codification work in full swing,ecological restoration liability,as an important environmental civil liability,will be a necessary part of the environmental code’s ecological liability section.Targeted institutional design and overall planning to form a unified legal system for ecological restoration liability will be conducive to solving the dilemmas faced by ecological environmental protection in China,to the realization of the goal of building a beautiful China,and to providing guidance for the judicial practice of ecological environmental damage in China.The article firstly defines the relevant concepts and clarifies the nature and positioning of ecological restoration liability,which is the basis for the systematic arrangement of ecological restoration liability in the environmental code.Secondly,it analyses the many problems that exist in the legislation and judicial practice of ecological restoration liability: the current legislation on ecological restoration liability in China is relatively fragmented,the nature and status of ecological restoration liability is unclear;in judicial practice,there are problems such as inconsistent standards of restoration,difficulties in identifying responsible subjects and incomplete supporting mechanisms;it is difficult to put ecological restoration liability into practice after the judgment of a case,it is difficult to assess the restoration effect and the main body of supervision is missing.In view of the problems in legislation and judicial practice,and with reference to the experience of overseas environmental restoration liability systems,the article makes the following system arrangements for the ecological liability section of the environmental code: firstly,ecological restoration liability should exist as an independent form of liability in the environmental code,and the relationship between ecological and environmental damage compensation and public interest litigation should be rationalized;secondly,by expanding the scope of subjects liable for ecological restoration,clarifying its Secondly,the core content of ecological restoration liability should be improved by expanding the scope of subjects liable for ecological restoration,clarifying the principles of attribution and setting scientific standards for ecological restoration;finally,a sound restoration fund and deposit system and a long-term supervision and acceptance mechanism should be used to support the system of ecological restoration liability,so as to achieve a sound legal system of ecological restoration liability in the environmental code.