Study On The Law Applicability Of Ecological Environment Restoration Responsibility In China

The relationship between ecological environment and human development is not mutually antagonistic.However,the unbridled exploitation of ecological environment has led to serious contradiction between ecological environment and human development.The damage of ecological environment has already reached a state that cannot be ignored,seriously affecting human survival and development.At the moment of rapid economic development,China is also faced with the serious problem of ecological environmental pollution.In the face of the severe ecological environment situation in China,the country has taken active actions.In terms of economic development,it no longer pursues the improvement of economic level unilaterally,but focuses on economic development and ecological environment governance.In the process of economic development,it pays more attention to the concept of coordinated development between economic development and ecological environment.At the legal level,In the Civil Law of the People’s Republic of China(Hereinafter referred to as the Civil Law),an independent ecological environment restoration responsibility is established to provide a substantive legal basis for relieving damage to the ecological environment.Although the Civil Law has clearly stipulated the responsibility for ecological and environmental restoration,the responsibility for ecological and environmental restoration has not been fully implemented in practice,and there are still problems.There is still a long way to go before the responsibility for ecological and environmental restoration truly realizes its value.How to overcome the obstacles encountered in the practice of ecological environmental restoration responsibility has become an urgent problem to be solved.Based on the background of the implementation of the Civil Law,this thesis discusses the problems existing in the application process of ecological environmental restoration responsibility and the ideas for improvement.In the first chapter,the main procedural model of the realization of the ecological environmental restoration responsibility in the current judicial practice is firstly clarified: environmental civil public interest litigation,ecological damage compensation litigation,then the connotation and characteristics of the ecological environmental restoration responsibility are introduced,and finally the value and significance of the ecological environmental restoration responsibility are introduced.The second chapter analyzes the current legislative and judicial status quo of ecological environmental restoration responsibility during the practice,It is found that the main problems of ecological environmental restoration responsibility are presented in the realization process,for instance: the law of ecological and environmental remediation responsibility is not perfect,social organizations lack of litigation motivation,self-remediation leads to "secondary pollution",remediation funds are insufficient and management is out of order,supervision and management is lost.The third chapter analyzes the development experience of the legal system of ecological and environmental restoration in the United States,Japan and the European Union,and combines the practice of ecological and environmental damage management in China to absorb and draw on the excellent experience that can best solve the existing problems of ecological and environmental restoration responsibility in China.The fourth chapter puts forward solutions to the problems existing in the practice of ecological and environmental restoration responsibility in China,so as to better realize its legal value and practical role.