Selection And Improvement Of Legal Remedies For Ecological Environmental Damage

Since the 18 th Party Congress,our Party has placed the construction of ecological civilization in a prominent position in the overall work and taken a series of effective measures,making the concept of sustainable development deeply rooted in people’s hearts.At the same time,people pay more and more attention to the relief of ecological environment damage.At present,China’s ecological environment relief focuses on environmental civil public interest litigation and ecological environment damage compensation litigation,and gradually develops into a judicial relief path for ecological environment damage with judicial power as the core.However,the ecological environment damage has the attribute of public interest,and it is remedied by tort law based on solving private interest disputes,which not only conflicts with the filling function of private law,but also has major obstacles in the realization of ecological environment restoration purpose and the reconciliation of judicial power and administrative power.On the contrary,the administrative relief that should have dominated is ignored,and it is difficult to give full play to its timely and professional relief for ecological environment damage.Although there are two kinds of relief paths for ecological environmental damage in China: administrative relief and judicial relief,due to the complexity and long latency of ecological environmental damage,the connection between the two relief paths is chaotic,and a single relief path is not enough to meet the challenge of ecological environmental damage.Through the comparative analysis of administrative relief path and judicial relief path,we find that the two relief paths have their own advantages and should be integrated and applied,among which administrative relief has inherent advantages in providing efficient relief.Moreover,from the aspects of relevant theories,practical needs and institutional basis,it is demonstrated that the application of administrative-led relief path for ecological environment damage in China has theoretical rationality,practical necessity and legal feasibility.However,under the current legal norms,there are many shortcomings in the implementation of administrative-led relief path for ecological environment damage,such as the weakening of administrative relief in legal norms,the weak connection between administrative relief and judicial relief,and the "insufficient stamina" of ecological environment restoration.Therefore,correspondingly,the administrative-led relief path for ecological damage should be improved from all sides.In the aspect of administrative relief,we should make clear the priority of administrative authority,strengthen the ability of administrative execution,and improve the supervision and restriction mechanism of administrative organs,so as to give full play to the leading role of administrative relief;In the aspect of judicial relief,we should clarify the application of judicial relief,clarify the sequence relationship of related litigation,and clarify the supplementary role of judicial relief;In the connection between administrative relief and judicial relief,we should strengthen the connection between administrative consultation,administrative law enforcement and related litigation to strengthen the coordination of the two relief paths;In the aspect of ecological environment damage restoration,we should build ecological environment damage liability insurance and establish ecological environment damage restoration fund system,so as to enhance safeguard measures for ecological environment damage restoration.