行政命令型生态环境修复机制研究

Research on Mechanism of Ecological Environment Restoration under Administrative Orders

生态环境修复关系到生态安全与公共利益的保护,是我国现阶段生态环境保护极为重要任务之一。责令生态环境修复作为生态环境损害公法救济手段之一,具有指令性、应急性、直接性和个体性等特点,主要适用于违法行为导致的分散、小型污染场地和生态破坏场地的修复,在实践中运用日益增多。然而,该种修复与行政机关组织实施的其他生态环境修复以及司法机关主导的生态环境修复在目标、程序和规则等方面必须进行有效的沟通与协调,才能实现生态环境修复和生态环境执法的整体目标。

The ecological environment restoration, related to the protection of the ecological security and public interests, is one of the vitally important tasks of ecological environment protection at present stage in our country. Ordering ecological environment restoration as one of the means of public law relief for ecological environment damage, has the characteristics of mandatory, urgency, directness and individuality, mainly suitable for the restoration of scattered and small contaminated sites caused by illegal behavior, and applied increasingly in practice. However, this kind of ecological environment restoration and other ecological environment restorations initiated by administrative authorities and judicial organs must be effectively communicated and coordinated in the target setting, procedures and rules, in order to achieve the overall goal of ecological environment restoration and environmental law enforcement.