A Study On The Judicial Application Of Responsibility For Ecological And Environmental Restoration In The Context Of The Rule Of Law Theory Of Ecological

The theory of ecological civilisation and the rule of law is an important part of Xi Jinping’s thought on the rule of law,which takes "the community of life between human beings and nature" as its core proposition and pursues the harmonious coexistence of human beings and nature.This will lead to a change from the previous focus on the restoration of a single environmental element to the neglect of the overall function of the ecological environment to a focus on restoration and the priority of restoration.At the same time,the "holistic view",which emphasises a holistic approach,a holistic approach and multiple measures to build ecological civilisation,can be used to clarify the restorability of the ecological environment and to construct a special mechanism of responsibility for ecological restoration.By combing through the current situation of judicial precedents on the application of eco-environmental restoration liability,and on the basis of a full understanding of the current situation in conjunction with the purpose of ecological restoration,it is examined in the light of the theory of the rule of law of ecological civilisation.It was found that the judicial application of eco-environmental restoration liability has problems in terms of scattered bases for legal application,difficulties in determining the restorability of the ecological environment,and unclear sequencing of the application of conduct liability and pecuniary liability,resulting in the lack of genuine implementation of eco-environmental restoration liability.At the macro level,the theory of ecological civilization and the rule of law provides theoretical guidance for the responsibility of ecological restoration,and transforms the value objective of the responsibility of ecological restoration from economic-oriented to damage-oriented,and from the protection of individual environmental elements to systematic governance.It also provides theoretical guidance on the responsibility for ecological and environmental restoration,constructing the responsibility for ecological and environmental restoration on the basis of the "community of life between man and nature",realising the coordinated management of the ecological environment with the concept of pluralistic governance,and clarifying the priority of restoration on the basis of reflecting on the relationship between man and nature.At the micro level,suggestions for the improvement of eco-environmental restoration liability should be made from the core tenets of the rule of law theory of ecological civilisation.With the systematic management of the ecological environment as the goal,we should use holistic thinking to construct special legal norms for ecological restoration liability,improve special legislation on ecological restoration liability and laws and regulations regulating the appraisal and assessment of the ecological environment and the convergence of penalties;take a holistic view of the restorability of the ecological environment as the main objective,formulate criteria for ecological restoration in a categorical manner,and refine the applicable criteria for ecological environment "capable of In order to promote the realisation of the responsibility for ecological restoration,it is necessary to clarify the priority of the responsibility for restoration in law and further refine the specific interface between the responsibility for restoration and the responsibility for compensation.