Legal Dilemma and Breakthrough of Liability for Ecological Environment DamageStarting with the Inclusion of Liability for Ecological and Environmental Damage in the Tort Code (draft)

At present, the legal level of our country is the ecological environmental damage liability is positioned in the civil code, that is, by the tort liability to pursue the relevant actor's ecological environmental damage liability through judicial proceedings. However, this way of investigating the liability for ecological environmental damage often fails to provide timely relief measures for the damaged ecological environment, and the adjustment of the liability for ecological environmental damage by the civil code will cause unnecessary confusion in China's legal system. For the above deficiencies, we can solve them by changing the remedy path, that is, from the current private law remedy path to the public law remedy path. The high efficiency of the public law path, the timeliness of the relief and the diversity of the relief means are more conducive to the relief of the damaged ecological environment.