《民法典》生态环境修复责任司法适用实证研究

An Empirical Study on Judicial Application of Ecological Environmental Restoration Responsibility in Civil Code

自《民法典》第1234条规定了生态环境修复责任起,生态环境修复责任成为一项独立的民事责任。但对于生态环境修复责任在司法实践中的适用情况、特点及其存在的问题等,少有学者研究。生态环境修复是一项系统工程,该责任的适用不仅需要《民法典》第1234条的支撑,还需要其他法律规范、修复监督管理人、修复方案、修复责任形式创新等各方面的协调配合,从而搭建起完善的生态环境修复责任司法适用体系。

Since Article 1234 of the Civil Code stipulated the responsibility for ecological environment restoration,the responsibility for ecological environment restoration has become an independent civil responsibility.However,few scholars have studied the application,characteristics and existing problems of ecological environment restoration responsibility in judicial practice.Ecological environment restoration is a systematic project.The application of this responsibility not only needs the support of Article 1234 of the Civil Code,but also needs the coordination and cooperation of other legal norms,restoration supervisors and managers,restoration plans,and innovation of restoration responsibility forms,so as to build a perfect judicial application system of ecological environment restoration responsibility.