Study On Civil Liability For Ecological Restoration

Based on the systematic characteristics of the ecological environment,the construction of a legal liability system for ecological damage relief must be guided by the concept of "restorative" and focus on the design of the form of restoration liability.The article on ecological restoration in the Civil Code is a useful exploration of the use of private law to realize ecological interests.This article analyzes the theoretical logic and institutional function of ecological damage relief,analyzes the duality of civil liability for ecological restoration based on current legislation and typical cases,and studies the normative approach in its judicial application as a special form of ecological compensation for damages in tort liability.The article consists of four parts: Chapter 1 explores the core claims of the legal mechanism of private law remedies for ecological and environmental damages on the basis of scientific definition of the connotation of ecological and environmental restoration and other related terms.Chapter 2 compares the legal basis of civil liability for ecological restoration before and after the introduction of the Civil Code,puts forward the dual structure of restoration claims,and considers the legislative controversy of civil liability for ecological restoration by reflecting on the legislative path of ecological benefit relief.Chapter 3 takes trial practice as a perspective and summarizes the problems in judicial application of civil restoration liability by comparing and analyzing the relevant typical cases before and after the introduction of the Civil Code,including the difficulties in determining the fact of damage,the disorderly application of act liability,the limited scope of claim subjects,the lack of unified restoration standards,and the difficulties in determining restoration solutions.Chapter 4 examines the path of judicial regulation of the ecological restoration provisions of the Civil Code from the perspective of environmental law,and studies the specific regulatory path of the scope of the subject of the claim,the determination of the fact of damage,the determination of the restoration principle and scheme,the constitutive elements,the form of realization of liability,etc.