[Retracted] Synergistic Effect Analysis of Ecological Protection and Environmental Law and Ecological Civil Code

Abstract

In order to further curb the damage to the ecological environment from the perspective of legal synergistic supervision, a synergistic analysis method between the ecological protection environmental law and the ecological Civil Code is proposed. Coordinated supervision, with the new Civil Code as the research background, from the perspective of interpretation, explores the solution to the problem of “ecological environmental damage” in the newly promulgated Civil Code for behavior that damages the ecological environment. The research results believe that, from the perspective of rights, environmental rights should be regarded as the concentrated expression of rights in the sense of private law in the ecological environment law. Article 1234 of the Tort Liability Section stipulates that “the state-specified agency or the law-specified organization” as the representative of environmental public interests proposes damage. The request resolves the legitimacy of relevant agencies and organizations as civil subjects to represent environmental public interests. Finally, it clearly stipulates the responsibility for ecological restoration, expands the way of undertaking tort liability caused by environmental damage, and solves the problem that it was limited to “restoration” in the past and could not be actually performed.

Legislative and judicial responses to public health protection under eco-environmental damage relief in China

“…Among them, 160 million EPIL cases in Taizhou adopted the method of "technological modification deduction, " which brought into question the responsibility for eco-environmental restoration. 5 Through the search for eco-environmental restoration and compensation cases in the past 3 years, it can be seen that under the ecological environment damage relief system of civil law, the compensation for environmental pollution and public health damage has undoubtedly become a "vacuum zone" for relief. First, the public health damage of environmental pollution involves the health rights and interests of an unspecified majority of people, has obvious public interest attributes, and exceeds the private interest category of individual health damage, so it is difficult to apply environmental private interest litigation to remedy it.…”

“…As the "Green Civil Code" comes into effect, the application of the provisions on eco-environmental restoration responsibility as a special clause that distinguishes it from other tort liability provisions has become an important topic. Some scholars have discussed this issue from four perspectives: first, starting with the legal issues of eco-environmental damage compensation provisions, analyzing the basis of the civil law ownership system and the principle of liability for the eco-environmental damage compensation system (4,5); second, based on the binary distinction between ecological environmental damage responsibility and private…”

Retracted: Synergistic Effect Analysis of Ecological Protection and Environmental Law and Ecological Civil Code

“…This article has been retracted by Hindawi following an investigation undertaken by the publisher [ 1 ]. This investigation has uncovered evidence of one or more of the following indicators of systematic manipulation of the publication process: Discrepancies in scope Discrepancies in the description of the research reported Discrepancies between the availability of data and the research described Inappropriate citations Incoherent, meaningless and/or irrelevant content included in the article Peer-review manipulation …”

“…Tis article has been retracted by Hindawi following an investigation undertaken by the publisher [1]. Tis investigation has uncovered evidence of one or more of the following indicators of systematic manipulation of the publication process:…”