草原生态环境修复责任的规范化构建

The Normative Construction of the Restoration Liability of the Ecological Environment of Grassland

草原生态环境修复责任作为一种新型的环境法律责任形式,正在广泛适用于司法实践之中。从现行法规定和实证分析来看,呈现出不少问题,例如责任主体、适用条件、承担方式等方面存在诸多争议,有必要进一步梳理相关的规范体系。为此,需要实证考察草原生态环境损害案件的类型和适用困境,结合现行法规相对散乱、司法实践较为模糊的现状,从立法和司法两个维度构建规范化的草原生态环境修复责任制度。

As a new form of environmental legal liability,the responsibility for grassland ecological environment restoration is being widely applied in judicial practice.However,from the perspective of current legal provisions and empirical analysis,there are still many issues,such as disputes over the subject of responsibility,applicable conditions,and mode of undertaking.Therefore,it is necessary to further clarify its normative system and empirically to investigate the types and existing problems of grassland ecological environment damage cases,and establish a standardized responsibility system for grassland ecological environment restoration from both legislative and judicial dimensions,combining the current situation of relatively scattered legislative provisions and vague judicial practice.