Research On Legal Issues Related To Ecological Restoration In China

As the acceleration of China's ecological civilization construction,prevention and remediation of soil pollution is attracting much attention from all walks of life.Some explorations have been made in the prevention and control of heavy metal pollution in China,however,based on the analysis of first-hand data obtained from field research,it can be said with certainty that the pollution of heavy metals in soils in China is still serious at present,and there are still some technical and institutional obstacles in the treatment and remediation of soils.In the context of the restoration of heavy metal contaminated land,through the analysis of existing legal regulations and practices,it is found that the following problems exist in ecological restoration: legal basis of ecological restoration are lack of comprehensive ecological restoration laws and detailed regulations;the legal nature of ecological restoration is still unclear;the standard of responsibility for the restoration of ecological restoration is lacking,subjects of liability are hard to be determined accurately,which means the government often takes more responsibility for repairing in practice;limited sources of funds,serious shortage of funds and insufficient efficiency of fund utilization are limiting the fulfill of ecological restoration;the uniform standards for behavioral norms and acceptance of ecological restoration are still missing;the government department has a vague function in the supervision of ecological restoration,and the division of labor is not clear enough;third party participation and supervision of ecological restoration legal responsibility are still lacking.According to above-mentioned issues,on the basis of drawing on foreign advanced experience and summarizing the advanced experience of some pilot repair areas in China,the following countermeasures are proposed: first,it is necessary to improve the laws and regulations on ecological restoration of heavy metal contaminated land,formulate the Law on Ecological Restoration and the corresponding supporting measures for its implementation;second,it is necessary to clarify the legal nature of ecological restoration as the legal responsibility for the restoration of the original state in civil law,and to clarify the main body of restoration and related identification methods;third,in order to ensure the effect of ecological restoration,the code of conduct and acceptance criteria for fulfilling the responsibility of ecological restoration should be refined;fourth,it is necessary to promote the cooperation and reorganization of existing enterprise shares to implement cleaner production and enhance the ability of local governments to fulfill their ecological restoration responsibilities;fifth,establish funds drawing on the experience of Comprehensive Environmental Response,Compensation and Liability Act of USA in order to enrich the sources of repairing funds;sixth,the department's supervisory responsibilities should be clarified,the specific regulatory functions should be clearly defined;seventh,third-party participation and supervision in ecological restoration should be promoted and information disclosure should be carried out,quality supervision of ecological restoration should be made by a third party to ensure the quality and progress of ecological restoration.In addition,the public interest litigation for environmental damage compensation should be promoted in order to provide relief for environmental rights from multiple angles.