Font Size: a A A

Research On The Legislation Adaptation Of Wetland Ecological Compensation In Ethnic Autonomous Areas

Posted on:2022-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:J YanFull Text:PDF
GTID:2491306350460664Subject:National Law
Abstract/Summary:PDF Full Text Request
Wetland is an important natural resource in our country.Wetland protection is everyone’s responsibility.The ecological compensation system stipulated in the"Environmental Law" is applicable to my country’s wetland protection work guidance.my country has also formulated the "Wetland Protection and Management Regulations" and introduced an ecological compensation system to make up for the lack of wetland ecological compensation legislation.Various localities have also issued local laws and regulations related to wetland ecological compensation.The majority of wetlands are distributed in ethnic autonomous areas in my country.From the current status of wetland ecological compensation legislation in ethnic autonomous areas,there are still many legal issues such as the unclear subject of wetland ecological compensation,limited compensation scope,and insufficient compensation funds.The Environmental Protection Law and the Wetland Protection"Administrative Regulations" and other laws,regulations and departmental rules proposed to "establish a wetland ecological compensation system" but did not explicitly give more "guided opinions" to localities,making the work of wetland ecological compensation in ethnic autonomous areas "difficult." The author believes that when the content of the "superior law" is not well applicable to ethnic autonomous areas,ethnic autonomous areas can actively use the "legislative flexibility" granted by the Constitution to make legislative changes without violating the basic principles of the law.This will not only enable the implementation of laws and regulations related to wetland ecological compensation in ethnic autonomous areas,but also enrich the content of the legal protection of wetland ecological compensation in ethnic autonomous areas,and realize the sustainable development of wetland ecology in ethnic autonomous areas.Therefore,it is imperative to adapt the legislation of wetland ecological compensation in ethnic autonomous areas.This article mainly takes "legislative changes" as a breakthrough,tries to solve the "difficulties" of wetland ecological compensation laws in ethnic autonomous areas,perfects the legal chapters of wetland ecological compensation in ethnic autonomous areas in my country,and promotes the further integration of the construction of the rule of law and the construction of ecological civilization.The article first expounds the basic concepts of wetland,ecological compensation,legislative flexibility,and the legal source of the legislative flexibility in ethnic areas,and introduces that legislative flexibility must not violate the basic principles of the law and combine with the actual conditions of ethnic autonomous areas to be flexible.It is wetland ecology.The flexibility of compensation legislation lays a theoretical foundation;secondly,it explains the necessity of flexibility in the legislation of wetland ecological compensation in ethnic autonomous areas from the perspectives of ensuring the implementation of the law,enriching the content of the law,and sustainable development,from the perspective of regional security background,theoretical support of ecological justice,and environmental rights.It supports three aspects to demonstrate the feasibility of legislation for wetland ecological compensation in ethnic autonomous areas;then,it studies and analyzes the current status of wetland ecological compensation laws in China and the practice of legislation in ethnic autonomous areas,and summarizes the practical experience of legislation for wetland ecological compensation in ethnic autonom ous areas in China.Then,it is concluded that there are still problems in the compensation subject,compensation scope,compensation fund and other aspects of the wetland ecological compensation legislation in China’s ethnic autonomous areas,and the reasons for the problems are analyzed to provide a reference for the final legislative suggestions.Finally,it is the key part of the article.The author starts with the basic principles,conceptual guidance,content and funding channels of the wetland ecological compensation legislation,and clarifies the flexible content of the wetland ecological compensation legislation in ethnic autonomous areas,hoping that the wetland ecological compensation legislation can be better operated in the ethnic autonomous areas.
Keywords/Search Tags:ethnic autonomous areas, wetland ecological compensation, legislative changes
PDF Full Text Request
Related items