Research On The Responsibility System Of Ecological Environment Restoration In China

The responsibility for ecological restoration is not only a key part of protecting the ecology and repairing the damaged environment,but also an important means for the sustainable development of the ecosystem and accelerating the construction of ecological civilization,and has been widely used in China’s judicial practice.The Civil Code to be implemented in 2021 actively responds to the need of the times for ecological and environmental management,and Article 1234 establishes the responsibility for ecological and environmental restoration,which not only establishes the system of responsibility for ecological and environmental restoration in China,but also provides the substantive law basis for the application of responsibility for ecological and environmental restoration,and promotes the further implementation of responsibility for ecological and environmental restoration.Although the ecological environmental restoration liability system is established in the Civil Code,there are still shortcomings in its theory and judicial practice,therefore,it is necessary to conduct a systematic study on the ecological environmental restoration liability system in China.From the theoretical point of view,the nature of ecological environmental restoration liability is controversial and confused with restoration liability and ecological environmental damage compensation liability,and at the beginning of the implementation of the Civil Code,Article 1234 of the Civil Code,which is the basis of the substantive law of ecological environmental restoration liability,is too principled and needs to be clarified;from the judicial practice point of view,there are still many obstacles in the concrete implementation of the ecological environmental restoration liability system.In terms of judicial practice,there are still many obstacles to the implementation of the ecological and environmental restoration liability system.Based on this,we analyze China’s ecological environmental restoration liability system from the basic theory,which is a civil liability with an independent status,distinct from the restoration liability and ecological environmental damage compensation liability.And on this basis,the study of Article 1234 is carried out.As the core of the ecological environmental restoration liability system,there is an obvious order of application in the specific application,firstly,the tortfeasor carries out restoration within a reasonable period of time,and secondly,if the tortfeasor fails to restore within a reasonable period of time,the responsibility of bearing the cost of ecological environmental restoration applies.This order of application not only creates an opportunity for the tortfeasor to consciously perform,but also protects the accurate application of ecological restoration liability in judicial practice.On the basis of theoretical research,the case analysis method is applied to summarize and conclude that the ecological restoration liability system in judicial practice suffers from imperfect legal norms of restoration liability,inadequate ways of assuming restoration liability,reliance on assessment opinions in court decisions,and single and unreasonable restoration goals,which greatly restrict the implementation of the ecological restoration liability system.In view of the above problems,the following suggestions are put forward for improvement: first,to improve the legal system of ecological restoration liability,which mainly includes improving the legal basis for the application of alternative restoration methods,strengthening the coordination of legal provisions on ecological restoration liability and establishing a review mechanism for assessment opinions;second,to optimize the way of ecological restoration liability,to further clarify the order of application of restoration liability,and to establish a sound third-party restoration mechanism;third,to clarify the way of ecological restoration liability,to further clarify the order of application of restoration liability,and to establish a sound third-party restoration mechanism;and third,to clarify the way of ecological restoration liability.The third is to clarify the objectives of ecological environmental restoration liability,which should be formulated from a holistic perspective and considered in a diversified manner.In order to add bricks to the improvement of China’s ecological restoration liability system and promote the benign development of ecological environment.