Legal Dilemma And Breakthrough Of Ecological Restoration Responsibility System In China

Since entering the industrial society,all countries are committed to the development of economy,the demand for resources is increasing,and the degree of environmental damage is also deepening.With the increasing crisis of ecological environment,countries have realized that ecological environment is a necessary condition for human survival,so countries around the world began to invest in repairing the damaged ecological environment,and then the theoretical research of ecological restoration has also been concerned.Ecological restoration belongs to the field of ecological research at the beginning of this period because it involves environmental data,resource assessment,pollution discharge and other natural sciences.However,with the general attention to ecological environment,ecological restoration has also been introduced into the field of social sciences.The law is the guarantee of social life and policy system.Only by regulating the ecological restoration project and perfecting the relevant legal system,can the ecological restoration work be carried out more effectively and reasonably.The United States and Japan carried out the ecological restoration work much earlier than China,whether in the field of natural science or in the field of social science,it is worth learning from China.With the damage of the ecological environment and the crisis of the ecological environment,China has realized the need to adjust the concept of "priority of economic development" and take "priority of ecological environment" as the development concept.Since the 12 th Five year plan was formulated by the CPC Central Committee in 2010,China has launched many policies on ecological restoration and construction of ecological civilization,and also reflected the relevant concepts and regulations on Ecological Restoration in several laws.These measures are of great significance for the protection of ecological environment and ecological restoration in China.But with the development ofecological environment research and ecological restoration,its defects are exposed.First of all,in the process of legislation,judicature and law enforcement,as well as in the theoretical discussion,the connotation and nature of "ecological restoration" are not clearly defined.At present,there are similar concepts such as "restoration" and "land reclamation" which are confused with them,so that the implementation of specific responsibilities and the construction of relevant systems are difficult to be carried out smoothly due to differences in semantic expression.Second,the responsibility of ecological restoration in China There is no separate legislation for the appointment system.In the existing law,it only embodies the idea of ecological restoration,and does not clearly stipulate the subject,standard and object of the ecological restoration responsibility system,which makes the ecological restoration responsibility system not guaranteed in the legal level.Finally,the lack of supporting systems related to the ecological restoration responsibility makes the ecological restoration project in the real sense difficult to implement.In 2015,the Supreme People’s Court promulgated and implemented the interpretation on Several Issues concerning the application of law in the trial of environmental civil public interest litigation cases,which clarified the legal status of the responsibility for ecological restoration.In 2017,the general office of the State Council issued the pilot program for the reform of the compensation system for ecological environment damage,which stipulates ecological restoration as the way of bearing the responsibility for ecological environment damage.However,in the process of judicial practice of ecological restoration,the construction of the system of responsibility for restoration is still not perfect,the legal position of responsibility for ecological restoration is still not clear,and the discussion of domestic scholars is still not unified.In order to improve this responsibility system,this paper first discusses the connotation and nature of the responsibility of ecological restoration,and analyzes the characteristics of the responsibility system of ecological restoration different from other legal systems,providing a clear theoretical basis for the following content;secondly,this paper analyzes the legal dilemma faced by the responsibility system of ecological restoration in China at present,starting from the problems,to explore the responsibility of ecological restoration in China Thirdly,through summarizing therelevant systems and measures of ecological restoration in the United States and Japan,the paper aims to refine the parts that are suitable for China’s learning and reference.Finally,on the basis of the above content,combined with China’s actual situation and situation,it puts forward specific suggestions for the construction of ecological restoration responsibility system from the perspective of solving the existing problems.