Understanding And Application Of Ecological Environment Damage Repair Responsibility

Since the founding of New China,the rapid economic and social development has greatly improved the people’s living standards,and the residents’ happiness index has been rising year by year.However,economic growth at the cost of damage to the environment has occurred repeatedly in the current social process,not only causing great damage to the public interest of society,but also gradually endangering the health of residents.General Secretary Xi has repeatedly emphasized that "green water and green mountains are golden mountains and silver mountains." This reflects the importance of ecological environmental protection,and the work of repairing ecological environmental damage cannot be delayed.Previously,my country had an environmental public interest litigation system to protect it,but the tort liability for damages,restitution and other tort liability can no longer fully meet the need for relief of ecological environmental damage,and new forms of liability are needed to make up for the shortcomings.Therefore,in the Civil Code of 2020 At the time of codification,Article1234 of the Seventh Volume of Tort Liability clearly established the status of the responsibility for restoration of ecological environmental damage in the environmental tort legal liability system.This article uses this article as a clue,and splits the content structure item by item to interpret the understanding and application of the repair responsibility from the legal structure and legal effect.At the same time,it compares the application and understanding of the law in related responsibilities.And research in order to better understand the article in all aspects.The first part of this article is to discuss the normative purpose and system positioning of the responsibility for restoration of ecological environmental damage.Through studying the legislative background of repair responsibility,explore its normative purpose and function.At the same time,compare the relationship between the environmental restoration responsibility and the relevant provisions in the civil law restoration responsibility and tort liability to confirm its system positioning.According to the research on the status quo of legislation,ecological restoration responsibility can be regarded as a kind of restoration in the civil law,but it is not limited to the connotation of restoration,but is different from the various manifestations of restoration;The comparison of various legal articles shows that ecological restoration responsibility as a new form of liability can be applied in conjunction with other legal articles in this chapter,but punitive damages should be an exception.The second part is to deconstruct the content of the previous paragraph of this article.Taking the elements and legal effects of the restoration responsibility as the direction,the content that constitutes the restoration responsibility for ecological environmental damage is analyzed in order from the four levels of legal provisions,damage facts,causality,and the possibility of restoration.At the same time,the right to claim restoration responsibility is analyzed.The legal effects of the main body,the main body of the restoration responsibility,the content of the restoration responsibility,and the reasonable period of restoration shall be explained item by item,and the understanding and applicable points of the infringer’s self-repair of the damaged ecological environment shall be explored.According to the discussion in this part,the term national regulations can be broadly interpreted;the infringement should be determined according to the method of infringement according to certain identification and evaluation methods;the determination of causality applies the principle of no-fault imputation;the possibility of restoration is based on the relief Feasibility and necessity should be carried out.If it cannot be achieved,this article should not be applied.According to relevant regulations,the subject of the right to claim for the repair responsibility can be the local government,the procuratorate,and appropriate social organizations;the subject of the repair responsibility should be the infringer and the replacement responsible person;the content of the repair is distinguished based on the direct repair and replacement repair methods of the parties,resulting in Different restoration plans;reasonable restoration periods should also be individually determined based on the degree of environmental damage.The third part is to deconstruct the content of the latter paragraph of the article.In the direction of the constitutive elements and legal effects of the responsibility for the responsibility for the restoration of ecological environment damage,through analysis of the relevant content that constitutes the cost of the restoration liability,the infringer fails to perform the restoration responsibility within the time limit,and the subject of the right to request repairs or entrusts itself Repair,self-repair or commissioned repair incurred three requirements for the direction of research,and at the same time,from the legal nature of the person responsible for the repair cost and the legal nature of the cost responsibility,the legal effect of the responsibility for the repair cost is discussed.According to research,the infringer’s unrepaired can be divided into non-fulfillment and non-performance according to the repair plan and the limited time;the repairing entity’s self-repair or commissioned repair should also be carried out in accordance with the repair plan issued by the professional organization;the cost of the repair should be based on The repair plan reasonably determines the optimal cost,and the calculation of the cost should also follow a certain standard,and the repair cost shall be borne by the person responsible for the infringement.In summary,through the division and interpretation of the content of this article item by item,the normative connotation of Article 1234 of the Civil Code is clarified from the legislative and theoretical level,and at the same time the possible problems in its judicial application are explored,so as to be able to help provide relevant judicial practice.