生态环境修复责任性质界定及实现机制OACHSSCDCSSCI

The legal responsibility of ecological environment restoration stipulated in the Civil Code faces disputes regarding its legal attributes and selection of implementation mechanisms.The ecological environment restoration responsibility aims to restore ecological damages and protect environmental public interests,yet the values and rights-based thinking in civil law cannot fully accommodate its nature.Judging from perspectives of the application principles of private law and public law,the relationship between administrative power and judicial power,and the effectiveness of ecological environment restoration under different accountability mechanisms,ecological environment restoration responsibility should be positioned as a public law responsibility and a combination of administrative counterpart's obligation and administrative authority's duties.Its realization should be based on an administrative mechanism oriented by administrative orders,which means administrative authority and administrative counterpart engage in negotiations first and if no agreement is reached,the administrative counterparts will be ordered to restore the ecological environment.Subsequently,administrative measures or penalties may be employed to ensure the implementation of the administrative orders.