Research On The Ecological Environment Damage Restoration Syste

The entrustment system of ecological environment damage restoration in the Civil Code refers to Where a tortfeasor causes damage to the ecological environment in violation of the State regulations and restoration is possible,the State authorized agencies or the organizations authorized by law have the right to request the tortfeasor to bear the responsibility for restoration within a reasonable period of time.Where the tortfeasor fails to restore it within the time limit,the State authorized agencies or the organizations authorized by law may initiate the restoration on its own or entrust it,the expenses thus incurred shall be borne by the tortfeasor.Article 1234 of the Civil Code stipulates the entrustment system of ecological environment damage restoration,which in the civil law breaks through the tort liability law only relief ecological interests of traditional ideas,is the embodiment of the public law blend,from the system through the way of entering the code standardization established,the entrustment system of ecological environment damage restoration gradually get theoretical recognition,is widely used in the judicial practice.The fundamental purpose of the restoration system is not to punish the tortfeasor to pay the cost of ecological environment restoration.The purpose is to ensure the restoration of damaged ecological environment functions and require the infringer to actually fulfill the obligation of ecological environment restoration.Because the Civil Code only makes principled provisions for the restoration of ecological environment,in the specific application of judicial practice,the relationship between the system and other systems,the nature of the system and the applicable conditions of the system have some disputes,which need to be further clarified and improved.Therefore,this paper sorts out and reflects on the existing problems such as the application conditions of the system,analyzes the deficiencies in the theoretical and practical levels,and clarifies the subject of rights and responsibility,so as to promote the reasonable application of the system and promote the realization of the fairness of environmental judicial relief.The first chapter of this paper starts from the perspective of the development of the practical significance and typical characteristics of the restoration system and explains the difference with other systems.The second chapter summarizes the types of the entrustment system of ecological environment damage restoration and cost of typical cases,analyzes the specific mode of it and the overall operation in judicial practice.The third chapter explains the practical problems of the application of the restoration system on the basis of the current practice.From the perspective of system internal analysis of repair of legal nature,the right to claim subject and the order setting,the choice of the third party subject and responsibility distribution,the nature of the the relief cost,supervision of potential challenges,from the external perspective emphasized the repair and perform the generation of judicial and administrative functions,and the relevant environmental system of cohesion.The fourth chapter takes the problem as the guidance and puts forward the measures to improve the relief of ecological environment damage system.It explains the nature of the repair and the subject of the right of claim,puts forward the order mode,standardizes the selection and the division of responsibilities,improves the operation mechanism of the repair,especially puts forward detailed suggestions on the nature,management mode and supervision mechanism of the cost of the repair.