Research On Ecological Environmental Restoration Responsibility From The Perspective Of Public And Private Law Collaboratio

The nature of ecological environment restoration responsibility is not a single nature,but a comprehensive nature of responsibility.It is affected by the specific fields of administration,civil and criminal,and has the characteristics of both public law and private law.The responsibility of ecological environment restoration is embodied in administrative,civil and criminal fields.In the administrative field,the responsibility of ecological environment restoration is mainly stipulated in the administrative law,the environmental protection law and its separate regulations.At the same time,the agency performance system in the field of environmental resources protection is conducive to repairing the damaged ecological environment and is also a way of performance of the responsibility of administrative ecological environment restoration.In the criminal field,when the concept of restorative justice is introduced into the punishment of environmental crimes,it is also called ecological restorative justice.This concept provides theoretical support for the application of ecological restoration in the field of environmental crimes.In the civil field,the provisions related to the ecological environment restoration liability mainly include the green principle,the ecological environment restoration liability clause represented by article1234 of the civil code and the restoration of the original state.Among them,the establishment of the green principle in the civil code marks that China’s private law with private interests as the core began to pay attention to the protection of environmental public interests,breaking the legal gap of China’s private law on ecological environment protection.In addition,the responsibility of ecological environment restoration is different from that of restoration,which is mainly reflected in the differences of restoration object,restoration standard,applicable premise and so on.The damage of ecological environment involves public interests,and the ecological environment is systematic and holistic.There are "time limit" provisions on the responsibility of ecological environment restoration under the regulation of public law,which is not conducive to the restoration of ecological environment;The environmental law enforcement department has simple law enforcement procedures;lack of necessary supervision and other deficiencies in environmental remediation.The responsibility of ecological environment restoration under the regulation of private law has the following difficulties: lack of theoretical basis;The innovative way of ecological environment restoration responsibility still needs to be improved;It is difficult to implement ecological environment restoration cases.It can be seen that the separate relief of public law and private law is difficult to complete the effective restoration of the ecological environment.Therefore,it is necessary to construct the ecological environment restoration system of public-private law synergy.The governance theory of public-private law synergy provides theoretical support for public-private law synergy.The deficiencies and difficulties of separate regulation of public law and private law provide a practical basis for public-private law synergy.However,there are many practical difficulties in the responsibility of ecological environment restoration under the coordination of public and private laws: on the one hand,the connection of ecological environment restoration responsibilities in public and private laws is not smooth,on the other hand,there is overlap in the responsibility of ecological environment restoration under the vision of public-private law coordination.For the problem of poor connection of ecological environment restoration responsibilities,we can establish the principle of administrative priority and judicial supplement;Clarify the sequence of administrative ecological environment restoration responsibility and civil ecological environment restoration responsibility;Starting from the subjective aspect of the perpetrator,promote the connection between civil and criminal ecological environment restoration responsibilities and other aspects as the starting point to solve the connection problem of ecological environment restoration responsibilities.The reason why administrative,civil and criminal ecological environment restoration responsibilities overlap is that the relevant departments have unclear understanding of the role or purpose of administrative,civil and criminal responsibilities.Therefore,we can solve the problem of overlapping responsibilities by clarifying the differences between administrative,civil and criminal responsibilities.