Perfect Research On Civil Liability For Ecological Environment Restoration

In recent years,civil liability for eco-environmental restoration has been widely used in judicial practice.The restoration of the eco-environmental has become the core purpose and main relief method of damage relief.The Civil Code released in2020 adds a new clause on civil liability for eco-environmental restoration,which provides substantive legal significance for civil liability for eco-environmental restoration.This also means that the restoration of the eco-environmental has become a statutory civil responsibility to ensure that the damage to the eco-environmental can be relieved.However,from the point of view of the explicitness and clarity of the legal text,the civil liability clauses for eco-environmental restoration,in terms of the constituent elements,the principle of attribution,and the order of the subject of the right of claim,there are vague legal concepts,unclear principles of attribution,unreasonable order of the subject of the claim.,such applicable issues.Meanwhile,in the process of civil liability enforcement,there are also enforcement issue such as the imperfect management system of repair funds and the inadequate supervision of repair work.In view of the difficulty of complete restoration of the ecological environment,the formulation and implementation of restoration plans require high time and cost,which leads to many challenges in the enforcement of judgments.In this regard,this paper seeks solutions for the above problems on the basis of sorting out relevant system regulations and judicial cases,combined with relevant theoretical research on civil liability for ecological environment restoration.The first part from the basic theory of civil liability for eco-environmental restoration,and clearly defines the connotation and characteristics.And through a comparative study with similar legal liabilities,the theoretical basis and connotation of the civil liability for ecological environment restoration are defined.The second part analyzes the current legal dilemma of civil liability for eco-environmental restoration based on the analysis of current laws and regulations and practical cases.Aiming at the provisions of civil liability for eco-environmental restoration,it is proposed that it has legal application issues such as vague legal concepts,unclear principles of attribution,and unreasonable order of the subjects of civil liability for eco-environmental restoration.Aiming at the dilemma encountered in the implementation of ecological restoration civil liability,this paper proposes that the supporting mechanism of eco-environmental restoration civil liability is not perfect,and there is a lack of supervision mechanism.The third part puts forward suggestions for improving the dilemma faced by the above-mentioned civil liability for eco-environmental restoration.In order to enable the accurate application of civil liability for eco-environmental restoration,the specific scope of the legal concept of "state regulation" should be clarified,apply the fault liability principle,and the order of the subjects of civil liability for ecological restoration should be applied in the order of "government-based,combined trial" path of litigation.In order to truly implement the civil responsibility for eco-environmental restoration,the supporting system should be improved by establishing eco-environmental restoration funds and operating rules,and strengthening the supervision of eco-environmental restoration.