An Empirical Research On Responsibility Of Ecological Environment Restoration

With the frequent occurrence of ecological environmental damage,environmental pollution has become more serious,ecological resources are increasingly scarce,ecological environmental restoration has received more and more attention,and more and more studies on the responsibility of ecological environmental restoration have been established.Article 1234 of the Civil Code is established The ecological environment damage generation restoration system is a principled provision for the application of ecological environment restoration responsibilities,but the specific applicable rules are not perfect.This article focuses on the judicial practice of ecological environment restoration responsibility.The first chapter of this paper first attempts to establish the concept of ecological environment restoration responsibility by tracing the evolution of ecological environment restoration responsibility in legal regulations,referring to the regulations of relevant normative documents and scholars’ viewpoints.Then,it mainly analyzes the provisions of the ecological environment restoration responsibility in the natural resources and environmental protection laws and regulations,and the civil laws and regulations from the aspects of the responsible subject and the responsibility.Finally,starting from the relationship between restoration to the original state and the responsibility for ecological environment restoration,the positioning and application of the responsibility for restoration of ecological environment in civil tort relief are discussed.The second chapter is the analysis of judgment cases of ecological environment restoration responsibility.By organizing the ecological environment restoration judgment documents,summarizing and interpreting the sample content from the subject,litigation requests,judgments,etc.It is planned to find the main problems faced in the application of the current ecological environment restoration responsibilities from the perspective of the subject,the judgment and the execution.The third chapter is the investigation of the legal responsibility for the restoration of the ecological environment outside the territory.It mainly analyzes the design of the ecological environment restoration responsibility system of typical countries such as the United States,Japan,Germany,and refers to the characteristics of the ecological environment restoration responsibility regulations of Canada and Australia,and summarizes the experience that can be used for reference in combination with my country’s application difficulties.The fourth chapter is the exploration of the path to perfect the responsibility of ecological environment restoration.Combining with the above,continue to propose a perfect path for my country’s ecological environment restoration responsibilities in terms of subject scope,responsibility assumption,identification and execution.And on this basis,it is recommended to pass legislation to fix the specific applicable rules of ecological environment restoration responsibilities.