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

With the continuous deterioration of the ecological environment in China,the legal system for restoration of the ecological environment has gradually caused widespread concern.The purpose of the legal system for restoration of the ecological environment is not only to restore the structure and function of the damaged ecological environment,but also to restore the deteriorating relationship between people and nature,people and people,to achieve justice through restoration,and to provide legal system guarantee for the establishment of a harmonious society.Ecological environment restoration has important practical significance for ensuring the sustainable development of the ecological environment and society,and promoting the construction of ecological civilization.China's the legal system for restoration of the ecological environment is still not mature enough in the legislative and judicial level,while the United States,Australia,Germany,and Canada have all experienced the pollution,destruction and restoration of ecological environmental,and have a sound legal system for the restoration of the ecological environment.Through a brief introduction to the establishment and improvement of the legal systems for the restoration of ecological environment in these developed countries,it can be clearly seen that some of the regulations of these developed countries cannot be fully applied in our country,all of which still have important reference value for the improvement of the current legal system for the restoration of the ecological environment in China.For example,there are some problems in the judicial practice of our country,such as the different ascription and insufficience of funds for ecological environment restoration,and the need to further standardize the operation of funds for eco-environmental restoration.We can draw on the practice of Comprehensive Environmental Response,Compensation and Liability Act of the United States to establish a fund for the restoration of ecological environment.In addition,regarding the issue that subject of obligation of the restoration of ecological environment in China is too monotonous,it can draw lessons from the provisions of the United States on the subject of ecological restoration and and the basic obligations of land users in German,that is,all those who can bring vital influence on the land should ensure that no adverse changes occur after use.The article is divided into four parts:The first part briefly describes the basic theory of the legal system for the eco-environmental restoration.First,the concept of the restoration of ecological environment is introduced.By distinguishing the similarities and differences between the restoration of ecological environment and ecological compensation,and the restoration of ecological environment and restitution,the features and values of eco-environmental restoration were comprehensively elaborated to form an overall understanding.The next section focuses on the theoretical basis of the legal system for eco-environmental restoration.The second part firstly presents the basic status quo of China's legal system for the restoration of the ecological environment from the perspective of legislation and judicial practice.Then it analyzes the problems existing in China's legal system for eco-environmental restoration,that is,the lack of legal basis for eco-environmental restoration responsibility,the monotonous subject of obligation of the restoration of ecological environment,the imperfect formulation of the restoration scheme,the unsound operating mechanisms of the funds for eco-environmental restoration and the development of the restorative justice which are still in the exploratory stage,whose working mechanism and working methods are not sound enough.The third part mainly summarizes the reference value of the legal systems of eco-environmental restoration of the United States,Australia,Germany and Canada.The United States has always been committed to perfecting the legislative guarantee of the legal system of ecological restoration,and provided a standardized and clear legal basis for the subject and the way of undertaking the responsibility of ecological restoration.Australia has a complete legal system for the restoration of land ecology,which stipulates extremely stringent mining permits,annual environmental performance reports,and mine patrol inspection,all of which include the content of land ecological restoration.Germany pays attention to the restoration of the ecological environment of contaminated sites,stipulates the basic obligations of land users,and subdivides subject of legal responsibility for soil ecological restoration.The fourth part,on the basis of studying the existing research results and analyzing the experiences of successful foreign institutions,puts forward the perfect path for the legal system of ecological restoration in China.At the legislative level,we should appropriately expand the responsibility subjects of the restoration of the ecological environment,clarify presumption of causation rule,and innovate the accountability mechanism for environmental responsibility.In the aspect of the construction of the assessment system of eco-environmental damage,we should promote the development of judicial identification of eco-environmental damage and further improve the expert witness system.In addition,at the level of ensuring the funds of eco-environmental restoration,a sound fund system of eco-environmental restoration must be established to ensure the restoration of the eco-environmental environment.Finally,at the level of realizing the concept of restorative justice,the concept of due process must be introduced,a moderate judicial activeness played in environmental justice and the way of responsibility for the restoration of the eco-environmental environment enriched.