The Liability Of Environmental Damage Restoration

Remediation of environmental damage refers to restoring environmental caused by contamination or ecological damage to baseline conditions.And the liability of environmental damage restoration is an unfavorable legal evaluation or consequence that should be borne by the subject that caused the environmental damage to repairing damaged environment to the baseline status.The liability of environmental damage restoration is an important form of liability to make up for the limitations of traditional forms of environmental legal liability.And in terms of nature,it is a form of double-level responsibility with both administrative responsibility and civil liability.It plays a non-negligible role in the protection of environmental public interests and the promotion of ecological civilization.The liability of environmental damage restoration is still in the exploratory stage in our country.Although it has been widely used in practice,at present,only the judicial interpretation provides guidance and the legislation is still in a blank state.First of all,on content of the liability,the subject of the liability of environmental damage restoration is too narrow,the scope,methods and standards of liability are not clear enough.Secondly,the supporting mechanisms for the steady operation of liability of environmental damage restoration,such as the assessment mechanism,the funding guarantee mechanism and the regulatory mechanism are also not perfect.To build a sound liability of environmental damage restoration,our country can establish an all-dimensional and multi-layered legal system from basic law to specialized law on the basis of drawing lessons from foreign experience and combining with our country's practice.In the improvement of specific liability content,the subject of liability of environmental damage restoration should be expanded to include the indirect responsible persons in the subject of liability;to determine the scope of liability of environmental damage restoration so as to realize the integral restoration of the structure and function of environmental elements;to define the way of liability in order to unify the application of judicial practice;clarify the standards of liability of environmental damage restoration,and introduce technical standards such as acceptable risk level and baseline.In addition,the establishment of a sound assessment mechanism for environmental damage restoration,the establishment of environmental liability insurance system,the environmental protection fund system to achieve adequate funding security,and environmental monitoring mechanisms to work together to achieve timely recovery of environmental damage and safeguard the public interest in the environment.