南京工业大学学报（社会科学版）2025，Vol.24Issue(5)：144-155,12.
生态环境修复费用:性质廓清与规范适用
Ecological Environment Restoration Costs:Conceptual Clarification and Regulatory Application
摘要
Abstract
Current regulations have made preliminary provisions for ecological environment restoration costs.However,there are theoretical disputes regarding its nature and positioning,and in judicial practice it faces numerous application difficulties such as unclear relationship with restoration actions,undefined application scenarios,inconsistent recipient entities,and difficulty in ensuring earmarked funds for certain purposes.In this context,it should be based on the principle of restitution in integrum in civil law of the civil law system as the theoretical foundation,while also combining literal interpretation and purposive interpretation of current regulations,to position ecological environment restoration costs as the restoration expenses for damaged ecological environments.To achieve normative application of ecological environment restoration costs,it is also necessary to take the opportunity of compiling the Ecological Environment Code,stipulate ecological environment restoration liability in the chapter of Legal Liability,clarify the relationship between restoration costs and restoration actions by treating both as methods of liability bearing with a sequential relationship;and clearly define the application scenarios for restoration costs by limiting them to cases with restoration necessity,technical feasibility,and economic rationality;unify the recipient entities for restoration costs and establish a unified special fund management system for environmental public interest litigation;ensure that restoration costs are used as earmarked fund by prohibiting offsetting through technical renovation costs,labor compensation,and other similar methods.关键词
生态环境损害/生态环境修复费用/生态环境损害法律责任/《中华人民共和国生态环境法典》分类
政治法律引用本文复制引用
杨雅妮..生态环境修复费用:性质廓清与规范适用[J].南京工业大学学报（社会科学版）,2025,24(5):144-155,12.基金项目
甘肃省高级人民法院2025年度司法研究重点课题"替代性修复司法适用的问题与对策研究"(GSFYKT2025A06-2) （GSFYKT2025A06-2）
甘肃高校区域循环经济重点实验室重点项目"生态环境替代性修复责任的适用困境与规范路径研究"(QXKJ2023-003) （QXKJ2023-003）
