The Research Of Legal System For The Eco-environmental Restoration In China

With new Environmental Protection Law and Reform Scheme of Compensation for Damage in Eco-environmental Restoration staging in succession,the system for the eco-environmental restoration has attracted great attention theoretically and practically.To construct a dedicated system for the eco-environmental restoration,there are still some important theoretical and practical issues needed to be further studied and specified,such as the responsibility subjects of the eco-environmental restoration,the distribution of legal liability,the behavior supervision and obligation,the use system of eco-environmental restoration fund and so on.this paper starts with the concept of the eco-environmental restoration and the construction process of the legal system for the eco-environmental restoration,and analyzes the theoretical basis and practical requirements of the establishment of this system.The meanings and differences of related concepts are also sorted out.Based on these,the concepts,requirements and constructing foundation of legal system for the eco-environmental restoration in China are put forward.a lot of words are used to analyze the problems existing in the practice of eco-environmental restoration in China.That is,indeterminate responsibility subjects of the eco-environmental restoration,excessive arbitrariness in the implementation of the eco-environmental restoration---lack of proper regulations in executing the restoration goals,choosing the restoration scheme,checking and supervising the restoration,lack of supervision after the eco-environmental restoration,lack of follow-up supervision on whether actual restoration is up to standard,unsound operating mechanisms of the funds for eco-environmental restoration,like access to funds,supervision subjects of the funds,scope and supervision of the use of funds.While pointing out these problems,the paper analyzes the causes of these problems in detail,expecting to put forward the countermeasures to correct the problems.the paper introduces and studies some successful experience in the practice of eco-environmental restoration and construction of legal system that comes from America,Japan,Australia and Canada,which did better in construction and implementation of eco-environmental restoration.based on the analyses above,the paper puts forward the suggestions to perfect the legal system for eco-environmental restoration in China.In order to mitigate the government's responsibility,it is necessary to clarify the responsibility subjects and legal responsibility of ecological restoration and the way to undertake it.We should refine the construction of the system related to the restoration process.Unify the relevant standards and establish a strict inspection supervision mechanism to avoid the significant impact on eco-environmental restoration due to illegal acceptance inspection.Reduce the proportion of power of third-party specialized agencies in the process of implementation,and realize market-oriented restoration of competition mechanism.Establish a follow-up mechanism after eco-environmental restoration to counteract the negative impact of the tenure system of functional departments in China.Perfect public participation system to make the public in restoration areas the subject of supervision.Establish eco-environmental rehabilitation fund system.