Study On The Leagrl System Of Ecological Restoration From The Perspective Of Public-private Law Cooperation

A good ecological environment is the basic prerequisite for human survival and development.However,my country's long-term economic and social development centered on economic construction has caused tremendous ecological pressure.Since the18 th National Congress of the Communist Party of China,the country has increasingly paid attention to the important role of the ecological environment in the development of human society,and has proposed to realize ecological civilization.The report of the 18 th National Congress of the People's Republic of China mentioned ecological restoration for the first time.On this basis,the Third Plenary Session of the Eighteenth Central Committee proposed the establishment of an ecological restoration system to protect the ecological environment.A series of environmental protection policy documents issued afterwards also mentioned ecological restoration many times.In practice,the implementation of ecological restoration projects has improved the ecological environment in my country to a certain extent.In the field of jurisprudence,the responsibility for ecological restoration is mainly achieved through the administrative responsibility or government responsibility in public law and the ecological damage compensation system in private law.At present,there are some difficulties in the ecological restoration legal system at the public law level and the private law level,and the public and private laws only play a role in their own fields,and it is difficult to reflect the overall characteristics of the ecological environment.Therefore,we should try to jump out of the internal improvement of public law and private law,and improve our ecological restoration legal system under the concept of synergy between public law and private law.Therefore,based on the construction of ecological civilization and the relevant theories of ecological restoration,this article analyzes the current status and development dilemma of the ecological restoration legal system at the public and private law levels,and draws on the foundation of beneficial experience of ecological restoration and legal system construction outside the region.In order to seek a perfect path for the ecological restoration legal system under the coordination of public and private laws in China,in order to ensure the smooth progress of ecological restoration and the sustainabledevelopment of the ecological environment in practice.The main content of this article includes the following aspects:First,it examines the ecological and legal concepts of ecological restoration,and on this basis,puts forward the concept of ecological restoration legal system and its characteristics such as the diversity of objectives,the unity of the subject,and the complexity of the object.In addition,through the ecological integrity theory,externality theory and collaborative governance theory,etc.,to find the theoretical support point for the research of ecological restoration legal system.Second,the current situation and problems of my country's ecological restoration legal system.At present,in the process of operation of the ecological restoration legal system at the public law level and the private law level,each has certain degree of legal problems and defects.For example,the legal system of ecological restoration at the level of private law has problems such as the restoration goal being limited to damage filling,the failure of the restoration scope to meet the social needs,and the fact that the restoration subject is actually difficult to bear.The legal system of ecological restoration at the public law level has problems such as insufficient supply of ecological restoration laws and inadequate administrative law enforcement.In addition,there are common problems such as the lack of a unified and coordinated organization,insufficient public participation,and an imperfect regulatory system.Third,the experience of the legal system of ecological restoration outside the region.Based on the analysis of the existing problems in China's ecological restoration legal system,it explores the practice of ecological restoration and legal system construction outside the region,and concludes that it should strengthen the legislation of ecological restoration systemization,attach importance to the role of administrative management and establish public participation channels.Improve the legal system to provide experience and reference.Fourth,the improvement of the legal system of ecological restoration under the coordination of public and private laws.Whether at the level of public law or private law,ecological restoration has been achieved to a certain extent,but there are also many problems in their respective operations.In the context of ecological civilizationconstruction,using the different characteristics of public law and private law to complement each other is more conducive to the improvement of the ecological restoration legal system.Therefore,this article first points out the necessity of ecological restoration under the coordination of public and private laws,and then puts forward the principles that must be adhered to to improve my country's ecological restoration legal system,that is,the principle of ecological environment enhancement and the principle of ecological environment overall restoration.Finally,in view of the problems existing in the ecological restoration legal system proposed above,we put forward ideas such as system guarantee,organizational guarantee,procedural guarantee,effect guarantee and supervisory guarantee to improve my country's ecological restoration legal system to help the formation of a comprehensive ecological restoration legal system.