SONG Zijuan    Law School

Abstract: Ecological environment refers to the general name of the quantity and quality of allkinds of resources that affect human survival and development,mainly involving waterresources,land resources,biological resources and climate resources.It is a complexecosystem related to the sustainable development of society and economy.The damageof the ecological environment is manifested in many aspects,and the negative effects ofthe ecological environment are becoming more and more complex and severe,which hasaroused the attention of the Party Central Committee and the community.Since theeighteen Party of the party,the construction of ecological civilization and the protectionof the ecological environment have been placed in a more important strategic position.The"13th Five-Year"environmental protection plan"as the overall deployment of thenational environmental protection work basis,plays an important guiding role for theconstruction of ecological civilization.The responsibility of ecological restoration is aspecial restoration responsibility based on the damage of the ecological environment.Ithas a great impact on the protection and relief of the ecological environment from thebeginning.This paper tries to start from the basic theory of ecological restorationresponsibility.Through the study of foreign legislation,the advanced system andexperience on ecological restoration responsibility are summarized.Then we comb therelevant provisions of the responsibility of ecological restoration in China,then analyzethe problems of ecological restoration responsibility in China,and provide correspondingsolutions for problems,with a view to provide useful suggestions for improving theresponsibility of ecological restoration.This paper is divided into four parts:The first part is an overview of the general theory of ecological restorationresponsibility.On the basis of the legal definition of the responsibility of ecologicalrestoration and ecological restoration,the nature of ecological restoration responsibilityis further demonstrated.Through the comparison of the different qualitative theory ofecological restoration responsibility,the responsibility of ecological restoration is finallydefined as the administrative responsibility,and its necessity is further elaborated.The second part mainly expounds the liability legislation of extraterritorial ecological restoration,and evaluates it,so as to draw lessons from the advanced systemand experience of overseas ecosystem restoration responsibility,and provide referencefor improving the responsibility of ecological restoration in China.It mainly expoundsand evaluates the relevant laws of the United States,Germany and the European Union,and its ecosystem restoration responsibility system is relatively perfect,which has greatreference value and significance.The third part mainly carding the current situation of legislation and lawenforcement,judicial practice about the restoration of the overall ecological environmentand environmental factors of single repair.On this basis,further analysis is the problemsof China's current ecological restoration responsibility exists in the basic qualitative andapplicable premise and implementation mechanism etc.the.The fourth part is a perfect proposal for the problem of ecological restorationresponsibility in China.First of all,we should clarify the nature of administrativeresponsibility of ecological restoration responsibility and improve its implementationmethods.Secondly,we should clarify the prerequisites for the application of ecologicalrestoration responsibilities and improve relevant systems.Finally,we will improve theimplementation mechanism of ecological restoration responsibilities.

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