The Research On Some Environmental Protection Legal Systems Of China’s<Land Reclamation Regulation>

The contradiction between environmental protection and economical development is rising along with the advance in technology and the promotion of the people’s lives, in order to realize the sustainable utilization of resources, while development and utilization of land, and takes steps to protect the ecological environment, it’s must to carry out the land reclamation. Land reclamation is a means to ask for land from land, it’s a means to give the damage land vitality once again, and restore the reuse value. The United States、Australia、 and many other countries have established complete land reclamation legal regime, through the legal safeguard the land reclamation, for example:The United States set up "the super fund " to safeguard the land reclamation, Australia encourage the public participation in order to supervise the implementation of reclamation.Not only our country’s land resource is shortage, but also the laws and regulations are imperfect, so, it should proceed from the 《Land of Shifting Regulations》, contrast、 analyze, and give advice on land reclamation regulations. This paper start from the organizer who compile the reclamation scheme, the content, and the audit procedures, analysis the feasibility of set professional organizer to compile the reclamation scheme, analysis the rationality of add alternative in the scheme, as well as the necessity of concretize the verification procedure. In the second place, based on the overseas public to participate in the land reclamation at present, illustrate the public participation is playing an improving role in our land reclamation, so public participation should enactment of 《Regulation》, and provide legal safeguard. At last, through introduces American、 Australia^Canada’s reclamation fund guarantees system and highlights their superiorities, they have lessons for our country to establish fund guarantees system. With the purpose of implement reclamation we should make full use of the nature of margin, as well as payment in advance. Except that, to fix the amount of the reclamation margin should take the effect of land reclamation into account, it will make the obligor become more actively. Only the 《Regulations》 gradually improves, enters with time, it will plays as a role that standards the land reclamation behavior, and then supervises land reclamation.