Research On The Legal Guarantee Issues Of The Green Development Of The Yangtze River Belt

As one of the most concentrated areas in China,the Yangtze River economic belt is one of the largest river economic industrial belts in the world,occupying an important position in China's economic development.At the same time,the Yangtze River economic belt is still an important ecological treasure house with the important ecological location,diverse ecological types as well as the rich biodiversity.Since the reform and opening up,the economy,society and the comprehensive strength of Yangtze River economic belt have developed rapidly,making there become one of the most important economic focuses of China.However,the high-intensity development and construction as well as the high-density population industry layout cause the great decline of environmental carrying capacity and the great increase of environmental pollution load in Yangtze River economic belt,and that lead to a serious threat to the Yangtze River economic belt sustainable development.The Fifth Plenary Session of the Eighth Central Committee puts forward the new concept of “green development”.It emphasizes the protection of natural ecological environment in the aspects of economic development and social operation.Therefore,the “green development” concept has become the core objective of constructing the Yangtze River economic belt,and adhering to the principle of ecological priority,preventing and managing environmental pollution,protecting natural resources,strengthening ecological restoration and protection become the main tasks of Yangtze River economic green development.In this thesis,firstly,the author carries out the research based on the theory of green development of the Yangtze River economic belt.Then the author introduces the concept of Yangtze River economic belt,explains the theoretical connotation and basic goal of the green development,and analyzes the legal requirement of the green development of the Yangtze River economic belt.Besides,the author makes a summary on the relevant basic theories,including the law theory such as the theory of interest and interest mechanism,the theory of sustainable development and the theory of macroeconomic regulation and control;and the economic theory such as the theory of ecology economy,the theory of economic externality,the theory of resources allocation and the theory of ecological holism.These basic theories lay the theoretical foundation for the study on legal system and legal issues of green development in the Yangtze River economic belt.Secondly,the author analyzes the status quo of the ecological environment and current situation of the Yangtze River basin management;sorts out the relevant laws,regulations and normative documents involved in the green development of the Yangtze River economic belt from the aspects of the national level,the basin level and the local level.Then the author makes a summary and analysis on the reasons of legal system defects and uncoordinated operational mechanisms appeared in the process of green development.Thirdly,the author analyzes the system and measures of ecological environment management and protection in the development and construction of typical foreign river basins,and sums up the experiences which can be used for reference to the construction of green development of the Yangtze River economic belt.Finally,the author puts forward the suggestions on constructing the legal safeguard system of green development in Yangtze River economic belt,and on constructing the river basin legislation system with the Yangtze River Basin Development Law as the core according to the principle of ecological priority,the principle of cooperation and the principle of comprehensive management.At the same time,the author constructs the legal system of green development in Yangtze River economic belt with the combination of the green develop subject legal system,the watershed planning system,the ecological environment responsibility system,the green development dispute settlement system and the ecological compensation system.Moreover,the author provides countermeasures for the better operation of the legal system of green development in the Yangtze River Economic belt in the legal and system aspects such as constructing the unified river basin management agency,constructing the ecological civilization performance evaluation system,making reasonable layout of industrial structure,improving development of green industry and circular economy as well as constructing a diversified public participation mechanism.