Song Zijuan, Law school

Abstract: Ecological environment is a general term for the quantity and quality of various resources that affect human survival and development, mainly involving water resources, land resources, biological resources and climate resources, etc. It is a composite ecosystem related to sustainable social and economic development. The damage to the ecological environment is manifested in many aspects, and the negative impact caused by it is becoming more and more complex and severe, which has aroused the attention of the Party Central Committee and all sectors of society. Since the 18th National Congress of the Communist Party of China, ecological civilization construction and ecological environmental protection have been placed in a more important strategic position. The 13th Five-Year Plan for Ecological and Environmental Protection, as the basic basis for the overall deployment of the national ecological and environmental protection work, plays an important guiding role in the construction of ecological civilization. The responsibility of ecological restoration, which takes the damage of ecological environment as its object, has a great impact on the protection and relief of ecological environment from the beginning. This paper attempts to start from the basic theory of ecological restoration responsibility. Through the study of foreign legislative examples, the advanced system and experience of ecological restoration responsibility are summarized. Then, through sorting out the relevant provisions of China's ecological restoration responsibility, the problems existing in China's ecological restoration responsibility are analyzed, and corresponding solutions are given to the problems, in order to put forward beneficial suggestions for the improvement of ecological restoration responsibility. The full text is divided into four parts: the first part is the general theory of ecological restoration responsibility. On the basis of the legal definition of ecological restoration and ecological restoration responsibility, the nature of ecological restoration responsibility is further demonstrated. Through the comparison of different qualitative theories of ecological restoration responsibility, ecological restoration responsibility is finally defined as administrative responsibility, and its necessity is further expounded. The second part mainly expounds the legislative examples of ecological restoration responsibility outside the territory, and evaluates them, aiming to learn from the advanced system and experience of ecological restoration responsibility outside the territory, and provide reference and reference for the improvement of ecological restoration responsibility in China. It mainly expounds and evaluates the relevant laws of the United States, Germany and the European Union. The ecological restoration responsibility system constructed by them is relatively perfect, which has great reference value and significance. The third part mainly starts from the legislative status quo, law enforcement and judicial practice of the overall ecological environment restoration and single environmental factor restoration. By combing the relevant provisions on ecological restoration responsibility in China's current laws and regulations and other normative documents, it further concludes the shortcomings of China's current ecological restoration responsibility in basic qualitative, applicable premise and realization mechanism. The fourth part is the suggestion of improving the ecological restoration responsibility in our country. Firstly, the nature of the administrative responsibility of ecological restoration responsibility should be clarified in legislation, and the way to realize it should be perfected. Secondly, clarify the preconditions for the application of ecological restoration responsibility and improve the relevant system; Finally, the realization mechanism of ecological restoration responsibility is improved.

Read the full article here:              生态修复责任法律问题研究_宋紫娟.pdf