Study On The Legal Issues Of Wetland Environmental Restoration

With the deepening of ecological civilization construction and the continuous attention to the wetland environment,the practice of wetland environmental restoration in China has gradually begun,and the relevant legal system is also constantly following up.This paper aims to clarify the existing deficiencies and put forward corresponding countermeasures by studying the legal problems existing in wetland environmental restoration and combining with the practice of wetland environmental restoration.The first part explains and introduces the writing background,significance and research methods of the paper,and summarizes the empirical results in this research field.The second part defines the concepts of "wetland" and "environmental restoration",analyzes the main types of wetlands,and differentiates the meanings of "environmental restoration" in different professional fields and different contexts at home and abroad.Summary wetland environmental restoration legal concept at the same time,expatiates the characteristic of the wetland environmental restoration,value,to form the overall understanding of the basic content of wetland restoration,and on the basis of this paper introduces the repair legal problems dealing with the theoretical basis of the wetland environment,analyzes the theoretical basis for wetland environment repair legal norms and wetland environment repair practice guidance.It further explains the necessity of legalization of wetland restoration.The third part shows the current situation of wetland environmental restoration in China from the aspects of legislation,judicature and practice,and points out the problems existing in legislation,judicature and practice of wetland environmental restoration in China.That is,the lack of cross-departmental and cross-regional comprehensive coordination management mechanism,the inappropriate way of undertaking the responsibility of wetland environmental restoration,the narrow scope of the main body of wetland environmental restoration,the difficulty of identifying the wetland environmental restoration target,and the imperfect supporting mechanism of wetland environmental restoration.The fourth part mainly introduces the legal provisions and practices of wetland environmental restoration in other countries(the United States,Germany,Britain,Australia,etc.),and summarizes the reference value for China based on its reasonable advantages.The United States is relatively perfect in the establishment and guarantee of legal norms for wetland environmental restoration,which provides a clear and standard legal basis for environmental restoration responsibility and wetland environmental compensation.Germany pays attention to the balance between economic development and environment,stipulates the basic obligations of environmental developers in detail,and subdivides the subject of environmental restoration responsibility.The United Kingdom has made targeted management and restoration based on the types and characteristics of wetlands.The legal regulation of wetland environmental restoration in Australia has a good overall consideration,linking the wetland restoration work of central and local governments,and paying attention to public participation.In the fifth part,on the basis of analyzing the existing research results and drawing lessons from the experience of other countries,some suggestions are put forward to solve the legal problems of wetland environmental restoration in China.At the legislative level,local legislation should be standardized on the premise of existing restoration principles to improve the legal basis of wetland restoration in each region.In advancing the wetland environment to repair the realization of the judicial application level,build the wetland environmental damage assessment standards,introduction to repair the concept of responsibility is preferred,play a moderate judicial activism in the environmental justice,strengthen coordination linkage to perform security: in the repair practice level,further expanding the scope of the main body,clear scientific restoration goals,build the wetland restoration fund system and supervision system,etc.