Study On The Legal System Of Ecological Restoration Liability In China

With the deterioration of the global ecological environment,environmental law emerged as the times require,which mainly through the relationship of rights and obligations to regulate the main body responsible for causing ecological environmental damage.Ecological restoration originates from restoration ecology,traditional environmental law focuses on protecting ecological environment and natural resources,while ecological restoration focuses on managing damaged ecological environment.In fact,if environmental law is to be fully developed,it needs not only "protection",but also "governance",but also "combination of prevention and treatment".As far as the current legal responsibility system in China is concerned,the whole system is still in the exploration and research stage,among which the provisions on ecological restoration responsibility are not perfect enough,and there is no definite conclusion from the legal nature and theoretical basis of ecological restoration responsibility to the problems found in China's practice.The purpose of this paper is to provide some suggestions for the study of the legal system of ecological restoration liability in China by combing and studying the relevant theories and problems and drawing lessons from the beneficial legislative practice outside the country.This paper is divided into four parts.In the first part,the concept and legal definition of ecological restoration,ecological restoration responsibility are discussed in detail,and then the three basic theories of ecological restoration responsibility are expounded respectively.Finally,on the basis of several viewpoints,the ecological responsibility is defined as the comprehensive legal responsibility.The second part mainly summarizes the current situation and predicament of ecological restoration responsibility in China.Through combing some laws and regulations and related cases in our country,it is found that the legislative system of ecological restoration responsibility in our country is not perfect,the premise of responsibility determination is not clear enough,and the relevant supporting mechanism of responsibility,that is,fund guarantee mechanism and responsibility supervision mechanism,are not perfect,which are all urgent problems to be solved.The third part describes the legislative practice of the legal responsibility system of extraterritorial ecological restoration and its enlightenment to our country.The provisions of the US Superfund Act,the EU Directive on Environmental Liability for the Prevention and Remediation of Environmental Damage,the German Law on Prevention and Recovery of Environmental Damage,and the Australian Mineral Resources Development Act on the subject of responsibility for the restoration,the restoration fund and the mechanism for its implementation have provided us with great reference.The fourth part is a detailed proposal to improve the legal system of ecological restoration responsibility in China.By summing up the problems and experiences mentionedabove,five suggestions are put forward: first,to gradually improve the legislative system of ecological restoration responsibility;Second,the establishment of ecological environmental damage identification system;third,to expand the main body of ecological restoration responsibility;fourth,to innovate the way of carrying out ecological restoration responsibility;and fifthly,to establish and improve the safeguard mechanism of ecological restoration responsibility.