Improvement Of China's Ecological Restoration Legal Responsibility System

For a long time,China has taken the path of “first development and then governance” in economic construction and ecological protection.The current ecological environment is unprecedentedly severe.In recent years,the government has also noticed that the deteriorating ecological environment will definitely hinder the healthy and stable development of the economy and society.Therefore,it is necessary to take effective measures to improve the ecological environment in China.Ecological restoration is increasingly used because of the overall management and restoration of the damaged environment,which can fundamentally restore the ecological function of the contaminated environmental area.However,for such a complicated but effective means of environmental governance,how to implement it as a responsibility by legal means and to construct a complete and clear system of legal norms,there is still no satisfactory answer in China.The legal responsibility for ecological restoration comes from environmental legal responsibility,but because the connotation of “ecology” is far greater than “environment”,it cannot be simply equated with the responsibility of environmental pollution control.At the same time,although ecological restoration is focused on recovery,it is also due to the characteristics of the natural environment.It is impossible to equate with the responsibility for restitution in the civil law.The complexity of its own nature has caused the definition of legal responsibility for ecological restoration in China's environmental law circles.The academic inconsistency has also led to the current legal provisions on the ecological restoration language,even in the environmental publicity case.In the Judicial Interpretation of Litigation and the Judicial Interpretation of Environmental Infringement Disputes,there is only a basic principle explanation for the legal responsibility of ecological restoration.At the same time,because the judicial workers' understanding of the legal responsibility of ecological restoration is not in place,the subject of ecological restoration legal responsibility is limited to the scope of environmental polluters,and most polluters areunable to carry out extensive ecological restoration projects on their own.Most of the judgments on the legal responsibility for ecological restoration are also difficult to implement effectively.In view of the above problems,this paper starts from the environmental science characteristics of ecological restoration.After clarifying the difference between ecological damage and environmental pollution,it explores the characteristics of the legal responsibility of ecological restoration and the essential difference between it and the responsibility of restoring the original state in civil law,and can determine the nature of responsibility.The manner in which the responsible subject and responsibility are fulfilled.At the same time,the extraterritorial experience is used to take into account the political attributes of ecological restoration,which proves that the scope of the subject of ecological restoration legal responsibility does not need to be expanded,and the government should become one of the important subjects of ecological restoration legal responsibility.After the main body of responsibility is supplemented,the implementation of the legal responsibility for ecological restoration is possible.This paper also puts forward its own suggestions,that is,based on the definition of the main body of ecological restoration responsibility and its obligations,formulate a scientific overall plan for ecological restoration and expand the ecology.We will repair the source of funds,innovate the form of ecological restoration and responsibility,actively encourage the public to participate,and finally realize the effective establishment of the legal system for ecological restoration,and comprehensively promote the construction and development of ecological civilization in China.