Research On The Legal System Of Ecological Restoration Responsibility

Ecological environment has great economic value and ecological value.However,the current land pollution,water and soil pollution and other ecological damage problems have seriously hindered the healthy operation of the economy and society.Therefore,it is urgent to solve the problem of ecological destruction.Since 2015,the state has successively issued the Environmental Protection Law,the Judicial Interpretation of Environmental Public Interest Litigation,the Pilot Plan for the Reform of the Compensation System for Ecological and Environmental Damage,and the Reform Plan for the Compensation System for Ecological and Environmental Damage,to continuously improve the restoration and relief of ecological and environmental damage.However,due to the nature and the way of responsibility is not clear,damage identification is not scientific and supporting measures is not sound,the implementation of the responsibility system for the ecological environment restoration in our country is very limited.This paper starts with clarifying the concept and nature of ecological restoration responsibility,and expounds the legislation and practice status quo of the legal system of ecological restoration responsibility in China.Then,based on the experience of Japan,Germany and the United States,and on the basis of in-depth analysis of China's current situation,this paper puts forward feasible suggestions to improve China's legal system of ecological restoration responsibility.Clarifying the concept of responsibility is crucial to the improvement of the ecological restoration system.Compared with environmental restoration and ecological reconstruction,ecological restoration has a broader significance and pays more attention to the restoration of the damaged ecological environment itself and its functions.Secondly,because the ecological restoration responsibility relives the damage to the ecological environment,it has the obvious nature of public welfare.This paper analyzes the difference between ecological restoration responsibility and restoration and compensation for loss.It is considered that it is biased to interpret it as the expanded responsibility of restoration in the field of environment and ecology,and distinguish the responsibility of ecological restoration,criminal responsibility and administrative responsibility.Later,this kind of liability is defined as a new kind of environmental tort liability.Japan,Germany and the United States have formed a complete legal system of ecological restoration responsibility.Through the analysis of the system of the above three countries,the beneficial experience is obtained.That is to say,the subject of responsibility should be defined first,and the subject of responsibility should be expanded on the basis of complying with the principles of the Environmental Protection Law.At the same time,we should formulate a scientific damage assessment system,improve the fund supervision mechanism,and ensure the implementation of ecological restoration responsibilities.