Research On Ecological Rehabilitation Judgment Of Environmental Litigation In China

With the progress of national ecological civilization construction and the enhancement of people's awareness on environmental protection,the application of judicial channels to solve the serious problems of the current pollution environment has become a trend.According to the central government's deployment on ecological rehabilitation,the courts at all levels,while achieving environmental justice,continue to explore justice on the ecological rehabilitation and judgment on ecological rehabilitation should come out in line with the situation.The Supreme People's Court " on the trial of civil litigation cases use legal interpretation of several issues" and "on the trial of environmental tort liability dispute case applicable legal interpretation" promulgated,it provides a strong basis for the people's court to make a judgment in the environment of ecological restoration in civil litigation.After years of practice,courts have formed a series of useful experiences in the application of ecological restoration and adjudication.However,due to the large gaps in legislation and the strong expertise of ecological trial,the practice of ecological rehabilitation judgment is confronted with such problems as insufficient legal basis,unclear application conditions,difficult follow-up implementation etc.On the basis of drawing lessons from the experience on ecological rehabilitation judgment in foreign countries,this paper puts forward some suggestions for the regulation of ecological rehabilitation judgment in China.The paper is divided into four parts.In the first part,the definition,objective,and legislative situation of ecological rehabilitation and development background and legal basis of ecological rehabilitation judgment are described,to draw a better understanding on the ecological rehabilitation judgment,lay the foundation for the elaboration.The second part concludes the practice of the ecological rehabilitation judgment of courts in Fujian,Jiangsu and Guizhou,summarizes the beneficial experiences and analyzes the problems in practice.The third part introduces the advanced experience of the United States,Germany,Japan,Russia,Brazil and other countries from the aspects of ecological restoration legal responsibility and ecological restoration referee practice case,and provides reference for the application of ecological restoration referee in our country.In the last part,based on the above analysis,from the legal liability system of ecological restoration and improve the referee applicable conditions,types,execution mechanism,security five aspects put forward suggestions on the regulation of ecological restoration.