生态修复法律制度的协同及其实现路径

生态修复从生态学进入到法学，主要在刑事制裁、民事赔偿和生态补偿领域作为责任承担方式或治理措施，由此形成法律属性各异的生态修复制度。基于山水林田湖草生命共同体理念，为实现生态环境增益和统筹修复的需要，不同领域生态修复有必要形成制度协同合力。在生态修复法律制度协同化过程中，为解决修复主体利益冲突需要构建生态修复协调组织以实现主体协同；为解决修复目标存在本质区别问题需要通过磋商达到目标协同；为解决公众参与匮乏问题需要多元化公众参与的社会协同；为解决监管不可持续性问题需要统一跟踪评价的监督协同。

On Ecological Restoration Legal System Coordination and Its Realization Path

Ecological restoration has entered legal science from ecology, mainly in the fields of criminal sanctions, civil compensation and ecological compensation as a method of assuming responsibility or governance measures, thus forming different legal attributes of ecological restoration. Based on the concept of life community of mountains, rivers, forests, fields, lakes and grasses, in order to achieve the needs of ecological environment gain and overall restoration, it is essential to form institutional synergy in ecological restoration in different fields. In the process of synergy of the legal system of ecological restoration, in order to solve the conflict of interests of restoration subjects, it is necessary to build an ecological restoration coordination organization to achieve the cooperation of subjects; to solve the essential difference in restoration goals, it is necessary to achieve goal coordination through negotiation; to solve the problem of lack of public participation, it is necessary to diversify social coordination of public participation; to solve the problem of unsustainable supervision, supervision and coordination of unified tracking and evaluation is required.