On Construction Of China’s Ecological Protection Red-line In Legal System

The past several decades have witnessed a phenomenon that along with the continued progress of our society,the rapidly development of our economy, the speedily increasing of population growth and urbanization process are attribute to the continuous deterioration of the ecological environment, which arouse the public pay close attention to ecological problems. The ecological protection red-line was put into the latest Environmental Protection Law of the People’s Republic of China for the first time, which provide legal assurance for the ecological protection red-line. And this is also a major breakthrough in the process of the legal system of environmental protection in our country.Before the latest environmental protection law, "ecological protection red-line" has appeared in the official documents already,and lot of scholars have specialized the issues such as the concept of ecological protection red-line,the importance of the ecological protection red-line in practice etc..As a basic law in the domain of environmental protection,after the latest environmental protection law unveiled,based on the coercive force of law,requiring to draw the ecological red line.The ecological red line reflect the bottom-line thinking.The bottom-line is the key point and critical value for things from quantitative change to qualitative change.Things keep their nature when they the under the quantitative change and do not exceed the bottom-line; once exceed the bottom-line,their nature will change.It is same for ecological environment:the environment begin to change with the pollutant accumulate, once pollutant discharge amount exceed the bottom-line of self-purification ability of environment, the nature of ecological environment must be change, which leads to the qualitative change.The essence of ecological protection red-line is to ensure people’s basic survival,economic and social’s sustained development,and national ecological safety. If this bottom-line is damaged,people’s basic survival,economic and social’s sustained development,and national ecological safety are all in danger.The latest environmental protection law has provide legal assurance for the ecological red line,but the rule is abstract.Article 29 of the latest environmental protection law about the ecological red line is a provision of principle.How to set aside the ecological red line and the area,how to preserve and protect them,especially in practice,the article doesn’t give us a clearly answer.This essay from the basic theory of ecological red line,including the concept,the history,the characteristics,the principles and the meaning of ecological red line,reach a basis for the content next.Analyze present legislation situation,differentiate primary coverage,prefect managerial system,responsibility and supporting measures.At last, sum the contents up and construction of China’s ecological protection red-line in legal system.