The Application Dilemma and Normative Path of Alternative Restoration Liability of Ecological Environment
As a supplementary liability bearing method in the case that direct restoration cannot be realized,alter-native restoration liability aims at implementing the"restorative judicial concept"and relieving the service func-tion of the damaged ecological environment.In recent years,although the number of cases of adjudicating alterna-tive restoration liability has gradually increased,due to the confusion between theory and restoration,the lack of systematic structure of ecological environment restoration liability and other reasons,there are dilemmas in the ap-plication of alternative restoration liability in practice,such as the generalization of application,the unclear appli-cation sequence of monetary compensation,and the insufficient precision of restoration plan.In order to standard-ize the applicable path of alternative restoration liability,the applicable boundary of alternative restoration liability should be reasonably defined from three factors:application basis,selection criteria and technical methods,the application sequence of alternative restoration liability and monetary compensation should be sorted out from inter-nal and external perspectives,and the content of alternative restoration scheme should be highlighted from techni-cal and legal perspectives.
alternative restoration liabilityecological environment restorationcompensation for ecological and environmental damagemonetary compensation
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维普
