| The ecological environment has become an important factor limiting the development of China’s society,and people are eagerly waiting for the trend of ecological environment deterioration to be reversed so that the quality of ecological environment can be improved.Article 124 of the Civil Code of the People’s Republic of China（hereinafter referred to as the "Civil Code"）,which was enacted in 2021,provides for the liability for ecological restoration,the purpose of which is to provide relief for ecological damage.However,when examining the application of the liability for ecological restoration,it was found that there are still areas that need to be improved in terms of the form of realisation of the liability for restoration and the management of restoration funds,and that the development of the liability for ecological restoration will be shackled if it is not regulated as soon as possible.In view of this,it is necessary to conduct a scientific analysis of the judicial application of liability for ecological restoration in the context of the implementation of the Civil Code.The paper is divided into four parts,excluding the introduction and conclusion.In the first part,the basic theory of liability for ecological restoration is explained.The legal concept is a prerequisite for the study of legal issues,so the concepts related to the responsibility for ecological restoration are first explained and defined.At the same time,clarify its system position in the Civil Code.The second part discusses the judicial application of eco-environmental restoration liability.Through the case study,it is learned that the current mode of ecological restoration liability in China is mainly the responsibility of the actor to carry out the restoration work and the responsibility to pay for the restoration cost;regarding the setting of the ecological restoration target,the baseline state and the restoration to the original state are the main ones;regarding the management mode of ecological restoration funds,there are more management modes for the ecological restoration cost.The third part discusses the dilemmas in the application of eco-environmental restoration liability and the reasons for them.By organizing the cases,it is found that there are some problems in the application of eco-environmental restoration liability,and the reasons for each of these problems are analyzed and elaborated.The fourth part proposes some measures to address the problems of judicial application of eco-remediation liability.It is suggested that the legal provisions on the responsibility for ecological restoration be improved by refining the responsibility for ecological restoration and innovating the way to realize the responsibility;for the problem of setting the restoration target,it is suggested that a scientific and reasonable restoration target be determined through comprehensive consideration of technology and environmental benchmarks to ensure that the ecological restoration target can be realized;finally,it is suggested that the model of entrusting the foundation to manage the restoration funds be implemented,and that the model of introducing Finally,it is suggested that the restoration funds should be entrusted to a foundation and supervised by a princess to ensure the safety of the funds,and that diversified sources of restoration funds should be developed to ensure the smooth implementation of ecological restoration. |
