生态环境修复责任的行政法律属性与制度构建

The Administrative Legal Attribute and Institutional Construction of Ecological Environment Restoration Responsibility

生态环境修复责任的法律属性尚存争议,有民事责任说、行政责任说和多元责任说等观点。鉴于生态环境修复责任的公益性、强制性和补救导向性特征,主张将其界定为行政法律责任。为完善生态环境修复责任制度,应借助环境法典编纂契机,从拓宽责任主体范围、制定科学修复标准、健全修复资金制度和强化行政部门监管职责等方面着手,推进责任制度建设,助力生态文明发展。

The legal attribute of ecological environment restoration responsibility is still controversial including civil liability theory,administrative responsibility theory,and multiple responsibility theory.In view of the public welfare,mandatory and remedy-oriented characteristics of ecological environment restoration responsibility,this paper advocates defining it as administrative legal responsibility.In order to improve the responsibility system of ecological environment restoration,we should take the opportunity of the compilation of Environmental Code to promote the construction of responsibility system and promote the development of ecological civilization from the aspects of broadening the scope of responsibility subjects,formulating scientific restoration standards,improving the restoration fund system and strengthening the regulatory responsibilities of administrative departments.