Caohai Wetland is located in the southwest in Weining Autonomous County,Guizhou Province.It is a complete and typical natural plateau wetland ecosystem in the Karst area.It is one of the first batch of important wetland in China,it was listed in the first batch of important wetlands in Guizhou Province.Among them Caohai Lake is the largest natural plateau freshwater lake in Guizhou.It is known as the "Pearl of Plateau" with Qinghai Lake and Dianchi Lake,which is the three major lakes on the plateau of China.The lake surface is 2171.7 meters above sea level,and it is the largest karst structural Lake in China.Caohai wetland is an important habitat site for more than 100,000 birds,including black-necked cranes,black-necked cranes and gray cranes.It is an important barrier for ecological security in Wumeng Mountains.It plays an important role in maintaining the upper reaches of the Yangtze River and has a positive impact on local climate improvement.Caohai wetland contains tremendous ecological,social and economic values.However,Caohai wetland is facing severe ecological and environmental problems,threatening the survival safety of birds and other organisms,and restricting the local economic and social development.From October 2015,the National Development and Reform Commission approved the "ecological protection and comprehensive management plan for Karst lakes of the Caohai Plateau in Guizhou"(referred to as the "Caohai Governance Plan"),so that the ecological environment management of Caohai wetland has risen to the national strategic level;In addition,in2017,the Central Environmental Protection Supervision Group feedback foucus on the problem of Caohai wetland,and the local government issued a rectification plan;At the same time,the national level is promoting wetland protection and repair work.In this context,the Caohai Wetland ushered in unprecedented new opportunities.The government started comprehensive ecological environment management and committed to thoroughly improve the ecological environment of the Caohai Wetland.However,while promoting the ecological environment management of the Caohai Wetland,there are many legal problems,which seriously hinder the ecological environment management of the Caohai Wetland and will be difficult to achieve the goal of governance.Legal problems are mainly manifested in the imperfect legal system,the low level of law enforcement,insufficient judicial relief protection,and the lack of public compliance with the law.On the one hand,the "Caohai Governance Plan" points out that the ecological environment management of Caohai Wetland will be implemented in two phases.The near future is form 2016 to 2020,and the long term is form 2021 to 2030.This will be a long-term and complex work,which needs to be promoted step by step according to law.On the other hand,there are many legal problems in the current process of ecological environment management of Caohai Wetland.In this regard,the author studies it from the perspective of eco-environmental law,deeply analyses its legal roots,and puts forward targeted legal countermeasures,with a view to providing solid legal protection,smoothly promoting the ecological environment governance of grassland-sea wetland,and achieving the goal of governance as soon as possible.This paper is divided into three parts,the specific contents are as follows:The first part briefly summarizes the basic situation of Caohai wetland in Guizhou,and then analyses the ecological environment problems of Caohai wetland.There are an serious of environmental pollution,deterioration of water environment,poor water quality and excessive pollution of heavy metals in soil in Caohai Wetland,serious vegetation degradation and soil erosion around Caohai Sea,resulting in serious Lake siltation and water area reduction,serious invasion of alien species,especially alien species such as reed,hollow lotus grass,crayfish and yellow swamp,and declining biodiversity and biological species.The number of wetlands is decreasing,and the ecological function of wetlands is deteriorating beyond self-regulation ability.The second part focuses on the analysis of legal problems in the process of ecological environment management of Caohai Wetland.Faced with the serious ecological environment problems of Caohai wetland,the government actively carriesout comprehensive management.There are more legal problems in the process of governance.First,the legal system of wetland protection is imperfect.At the national level,there is no high-ranking wetland law.Due to the deficiency of the high-ranking wetland law and the imperfection of local laws,the government has not given full play to the rights of national autonomous counties to formulate special laws for the ecological environment control of grassland-sea wetland.Second,the level of law enforcement is not high.The law enforcement system is not perfect,the law enforcement system is not strong enough,the implementation of the ecological environment legal system is not in place,and the law enforcement supervision is not in place.Third,judicial relief is insufficient.The results of the specialization of environmental justice have not been fully utilized,resulting in a single way of judicial relief for the ecological environment and insufficient judicial protection.Fourthly,public law-abiding is not in place and public participation is insufficient.In the process of ecological environment management of Caohai Wetland,the enthusiasm of public participation is not high,even illegal and criminal acts occur from time to time,and the public passively abides by the law,uses and so on.The third part puts forward the corresponding legal countermeasures in view of the legal problems existing in the process of ecological environment management of Caohai Wetland.First,it should be established and improved the legal system of wetland protection.It is suggested that the national level enact the Wetland Protection Law,which to improve the level of the Regulations on Nature Reserves,and enact the Nature Reserve Law.Local governments improve the Regulations on Wetland Protection in Guizhou and the Regulations on the Protection of the Caohai Sea,and propose to enact the Regulations on the Control of the Ecological Environment of the Caohai Wetland.Secondly,it should be improved the law enforcement level of grassland wetland ecological environment management.To improve the law enforcement system,we should clarify the powers and responsibilities of various law enforcement departments,standardize the administrative law enforcement mechanism,and construct a linkage law enforcement mechanism.We should severely crack down on illegal crimes that damage the ecological environment of Caohai wetland.Inpromoting various projects of ecological environment management of Caohai wetland,the government and participating enterprises should actively implement the environmental impact assessment system,the "three simultaneous" system and the ecological environment.Environmental monitoring system,strictly abide by the red line of ecological protection,do a good job in daily ecological environment administrative licensing work.Thirdly,we should broaden the channels of judicial relief and strengthen judicial protection.Construct Caohai ecological environment procuratorate,realize its triple identity,urge the government and enterprises to fulfill their governance responsibilities;establish a compensation system for ecological environment damage of Caohai wetland,and solve the problem that the amount of administrative penalties in existing legal provisions can not be out of line with the actual value of wetland damage.Finally,we should increase law education and promote law-abiding among the public.Through propaganda and education,the public’s awareness of abiding by the law should be continuously improved,and the public should be encouraged to actively abide by the law and use it,and actively participate in the ecological environment control of Caohai wetland. |