The Application Of Ecological Restoration Liability In The Case Of Ecological Damage Compensation

With the rapid economic development,my country’s ecological and environmental problems have become more and more serious.In judicial practice,there is a problem that the damaged ecological environment cannot be repaired in a timely and effective manner,and compensation work is not in place and often occurs.In order to eliminate the above dilemma,the state has issued the "Ecological Damage Compensation System Reform Plan" and decided to carry out the reform of the ecological damage compensation system in some areas.It intends to pursue the responsibility of restoring the ecological environment and compensating for losses by way of ecological damage compensation litigation..This lawsuit is set up to explore the mechanism for the remediation,restoration and compensation of the damaged ecological environment,so as to ensure the real realization of the responsibility of ecological environment restoration.In the "Provisions on the Trial of Cases of Compensation for Ecological Damages(for Trial Implementation)" promulgated by the Supreme People’s Court in 2019,the provision of "restoring the ecological environment" is one of the civil liabilities for ecological damage.However,how to apply ecological restoration liability in ecological damage compensation litigation faces many difficulties,such as no substantive law basis,confusion in the application of liability methods,and difficulty in determining and quantifying the scope of ecological damage.In 2020,the "Civil Code" promulgated by my country added the responsibility for restoration of the ecological environment in the tort liability section.This action solves the dilemma that there is no substantive law to rely on in the compensation litigation for ecological damage to the ecological environment.However,the new ecological environment restoration responsibility in the Civil Code is the first step.It has a strong principle.It has not been able to effectively solve the problems of confusion in the application of the liability method proposed in this article and the identification and quantification of the scope of damage.Based on the above reasons,this article is based on the ecological damage compensation system,taking the "Hyde case" as an example,to try to analyze the focus of the dispute in this case: 1.Whether the form of liability in this case is appropriate;2.Whether the quantification of ecological damage in this case is reasonable.The author uses the current laws and regulations,judicial interpretations,and legal theory to analyze and concludes: 1.The liability method in this case is improperly applied.When the damaged ecological environment has the possibility and necessity of restoration,the ecological restoration responsibility should be applied first;The quantitative determination of ecological damage in this case is unreasonable.The use of presumed analogy to determine the facts of ecological environmental damage certainly reduces the difficulty of determining ecological damage in judicial practice to a certain extent,but the quantified results of damage are easily questioned by the defendant.dissatisfied.Finally,using this case as a starting point,the author sorts out the current dilemma of the application of ecological restoration responsibility in ecological damage compensation litigation in my country,and proposes specific solutions on this basis.