Study On The Legal System Of Ecological Regulation

Ecological dispatching is a measure taken to reduce the negative impact of the construction and operation of reservoirs and dams,which can improve the negative externality of the traditional reservoir dispatching mode to the environment mainly caused by Xingli dispatching and pest dispatching,and restore the natural hydrological potential and repair the ecosystem of the basin.At present,most river basins and large reservoirs in China have launched ecological scheduling tests or practice,such as the Three Gorges Reservoir ecological scheduling tests and the Tarim River ecological water scheduling.However,in the practice of ecological scheduling,there are still the problems of insufficient ecological flow guarantee,low management efficiency and not obvious ecological improvement.The main reason is that the legal system of ecological scheduling is not perfect,so that the implementation of ecological scheduling cannot be guaranteed.The main problems of the ecological dispatching legal system,the imperfect ecological flow guarantee system,the uncoordinated ecological dispatching management system,the imperfect ecological dispatching supervision system and the conflicts of interests to be solved,which restrict the realization of the function and value of ecological scheduling.Therefore,this paper analyzes these problems and puts forward the corresponding improvement suggestions.In addition to the threads,The article consists in four parts,The first part defines the concept and function of ecological scheduling,Its theoretical basis is the principle of ecological priority,And its legal basis was combed;The second part analyzes the problems existing in China’s ecological dispatching legal system;The third part is the experience and reference of foreign ecological dispatching legal system,This paper introduces the American systematic ecological dispatching legal system,the Canadian ecological flow review system and the ecological flow guarantee system of Australia and other countries,And the reference of its system;The fourth part is divided into suggestions on improving the ecological dispatching legal system,Pointing out that the ecological priority principle should be established at the legal and institutional levels,Improve the ecological flow guarantee system by improving the ecological flow index control system,water distribution system,water intake permit system and the establishment of ecological dispatching compensation system,Improve the ecological scheduling operation and management system by improving the scheduling scheme formulation and review system,establishing the coordinating adaptive management system,and establishing the special ecological dispatching management system,Improve the ecological scheduling supervision system by improving the ecological scheduling impact monitoring system,law enforcement and supervision system,and information disclosure and social supervision,Finally,it is proposed to strengthen the relevant legal responsibility of ecological scheduling.