Abstract:
The “order for restoration” in China’s natural resource law is a kind of administrative order for ecological environment restoration. The “order for governance” and “order for correction” in China’s pollution prevention and control law cannot be interpreted as an administrative order for ecological environment restoration. In the case of directed behavior, it belongs to the order of rectification of illegal behaviors, while in the case of directed result, it belongs to the administrative order of elimination of immediate harmful consequences. Compared with judicial restoration, administrative restoration has institutional advantages. In the future, legislators should make clear the dominant position of the system of administrative orders for ecological environment restoration in Environmental Protection Law and separate environmental laws, and formulate a special procedure law. The core normative contents should include the notice procedure, the implementation procedure, the objection procedure, the recovery procedure of the restoration cost, and the sanction procedure. Administrative organs should start judicial restoration on the premise of exhaustion of administrative order system. The judicial restoration initiated by ENGOs and peoples’ Procuratorates should be positioned as a supplementary system, and policy restoration should adhere to the principles of “Polluter Pay Principle” and “Unified Planning Principle”.