Research On The Responsibility Of Ecological Restoration Of The Chinese Government

At present,the situation of ecological environment damage in China is grim,and judicial restoration alone cannot fully bear the heavy task of restoring the damaged ecological environment.The nature and source of the responsibility for ecological restoration determine that in addition to the responsibility of judicial restoration,the government’s responsibility for ecological restoration is also indispensable.However,under the influence of the concept of "de-administrative" ecological restoration system construction,neither academia nor practical circles have paid much attention to the construction of China’s ecological restoration responsibility,resulting in many problems in the government’s ecological restoration responsibility: first,the responsible entity is not clear;Second,the scope of responsibility is not clear,and in practice,there are two extremes of "enterprise pollution-the government pays" and "heavy pursuit of enterprises and less pursuit of the government";Third,there is an imbalance in the application of means and lack of external supervision in the realization of responsibility;Fourth,the financial guarantee for repairing is insufficient.On the basis of investigating and learning from the relevant systems of foreign governments’ ecological restoration responsibilities,combined with China’s practice,the following suggestions are put forward for the above problems.First of all,the essence of the government’s ecological restoration responsibility includes two points: "restoration" and "balance",and clarifying the main position of the "government" can not only avoid the shirking of responsibility and properly implement the restoration work,but also better regulate fiscal distribution and balance the negative economic externalities of ecological environment damage.Second,based on the interpretation of the theory of "limited and promising government" in the field of ecological restoration,it discusses in detail its applicable ranking and conversion rules in the government’s misplaced responsibility and bottom-up responsibility,so that the Chinese government can reduce its undue ecological restoration responsibility as much as possible.Secondly,invoking the theory of "unity of rights and responsibilities" requires the Chinese government to be responsible for ecological and environmental damage caused by its failure to perform or passively perform its environmental supervision duties.In determining the scope of liability,the causal force is limited to the magnitude of the causal force,and the criterion for judging the default of responsibility is whether the government has exhausted appropriate administrative means or measures and whether the ecological and environmental damage has been improved as the criterion.Third,adhere to the basic policy of "focusing on natural restoration",start from the three steps of the ecological restoration plan,and establish a mechanism for the use of restoration means.Second,improve the information disclosure system,improve the supervision and acceptance mechanism with multiple subjects,and use social supervision and power supervision to break the closed-loop problem of supervision and acceptance of the government’s ecological restoration responsibility,and ensure the effective implementation of the government’s ecological restoration responsibility.Finally,it is suggested that the recourse of performance costs should be included in the scope of applying for court enforcement in the form of judicial interpretations,so that the application of environmental administrative entities to the people’s court for compulsory enforcement is the best way for the government to recover restoration funds.At the same time,we should do a good job in guaranteeing funds,set up a special government ecological restoration fund,broaden the sources of funds,and give play to the profit role of the fund.