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生态修复是一项复杂的系统工程,往往需要投入巨额资金。当前,我国环境污染事故频发,生态环境严重受损,而现行法律规范又缺乏对生态修复责任主体的明确规定,因此有必要从理论上对修复责任主体进行研究。环境正义是修复责任主体界定的主要理论依据,同时也要从法经济学角度进行经济效益考量。基于此,我国应当构建污染行为人及其承继者为主要责任人,政府为兜底责任人,同时寻找受益者拓展资金来源的生态修复责任主体框架。
Ecological restoration is a complicated systematic project and often requires huge investment. At present, there are frequent environmental pollution accidents in our country and the ecological environment is severely damaged. However, the current legal norms lack the explicit stipulations on the subject of ecological restoration responsibility. Therefore, it is necessary to study the subject of restoration responsibility theoretically. Environmental justice is the main theoretical basis for the definition of the main body of responsibility for restoration, but also consider the economic benefits from the perspective of law and economics. Based on this, our country should construct the perpetrators of pollution and their successors as the main responsible persons, and the government should be the responsible person, and at the same time, find the main body of the responsibility of ecological restoration for the beneficiaries to expand their sources of funds.