生态修复法律责任实现主体研究

The Research on the Realization of Legal Responsibility of Ecological Restoration

全国生态环境保护大会的召开重申了生态保护的重要性,生态修复作为生态保护的重要手段必须法律化。针对解决生态修复与环境保护问题的现实需要,根据我国自然生态相关法律法规,研究了生态修复法律责任主体的范围,分析现有生态修复法律制度中存在的问题,提出了落实生态修复主体责任的建议。生态修复法律制度建设的第一步就是确定生态修复责任主体范围(涵盖政府、企业以及公众等法人主体和自然人主体)。从当前司法实践出发,找出各主体在承担生态修复责任时存在的问题,如责任界限不明、作为司法保障的公益诉讼不完善、履行方式与生态修复特点脱节。建议通过不断完善立法、推进公益诉讼发展等方式构建生态修复责任主体制度,以期有效落实生态修复法律责任。

The importance of ecological protection was reiterated at the national ecological environmental protection conference. Ecological restoration, as an important means of ecological protection, must be legalized for strong security. In order to meet the practical needs of ecological restoration and environmental protection, based on the relevant laws and regulations of natural ecology in China, this paper studies the scope of the subject of legal responsibility for ecological restoration, defines the existing problems in the legal system of ecological restoration, and puts forward some suggestions as to the realization of the responsibility of the subject. The first step to construct the legal system of ecological restoration is to determine the scope of the liability subjects （which should cover the government, enterprises, public legal entities and natural persons）. Based on the experiences of current judicial practice, this research finds out the problems existing in the liability subjects’ fulfilling their duties, such as obscure boundaries of liability, imperfect public welfare lawsuit as a judicial guarantee, and disjointed performance from the characteristics of ecological restoration. By constantly improving legislation and promoting the development of public interest litigation, the system of the subject of responsibility for ecological restoration should be established in order to effectively implement the legal responsibility for ecological restoration.