Research On The Legal System Of Ecological Restoration In Chishui River Basin

As an important ecological barrier in the upper reaches of the Yangtze River,the Chishui River Basin is rich in natural resources and has irreplaceable ecological and economic values.However,with the rapid development of China ’s economy,the ecological environment of Chishui River Basin has been seriously damaged.Therefore,the ecological restoration of the Chishui River Basin is not only of great significance to the protection of the upper reaches of the Yangtze River,but also an important task and inevitable requirement for the construction of ecological civilization.This article discusses from the following parts :The first part mainly discusses the basic content of the legal system of ecological restoration in Chishui River Basin.On the basis of clarifying the related concepts of ecological restoration in Chishui River Basin and analyzing the specific connotation of ecological restoration in Chishui River Basin,this paper discusses the uniqueness and main contents of the legal system of ecological restoration in Chishui River Basin.The main contents include the main system of ecological restoration in Chishui River Basin,the accountability and judicial cooperation mechanism of ecological restoration,the financial guarantee and supervision system.The second part mainly analyzes the problems existing in the legal system of ecological restoration in Chishui River Basin.At present,the legal system of ecological restoration in Chishui River Basin has a certain system construction foundation,but there are still some problems in its main content construction.First,the main responsibility of ecological restoration in the Chishui River Basin is vague and lacks a strong ability to assume responsibility for ecological restoration.Secondly,the accountability and judicial cooperation of ecological restoration in Chishui River Basin are not perfect,the legal nature of judicial responsibility for ecological restoration is unknown,the scope of application of judicial measures for ecological restoration is vague,the initiation of ecological restoration in environmental civil public interest litigation is difficult,and the judicial cooperation of ecological restoration is not clear.Thirdly,the ecological restoration fund guarantee of Chishui River Basin is not perfect,and the fund gap is large.Fourth,the supervision of ecological restoration in Chishui River Basin is not in place,the implementation process and acceptance results of restoration lack effective supervision,and public supervision is not in place.The third part mainly explores the experience of the legal system of ecological restoration in extraterritorial basins.It focuses on the analysis of the ecological restoration of the Rhine River in Europe under the coordination of the International Commission on the Rhine River,the ecological restoration of the Murray-Darling Basin in Australia,which attaches importance to the overall management of the basin and public participation,and the Mississippi River Basin in the United States,which focuses on legislation and upstream and downstream targeted ecological restoration plans.The fourth part is mainly to improve the legal system of ecological restoration in Chishui River Basin.On the basis of drawing lessons from the successful experience of ecological restoration in the basin outside the region,this paper puts forward the following suggestions for the problems existing in the ecological restoration of the Chishui River Basin.Firstly,the main body and responsibility of ecological restoration in the Chishui River Basin should be clarified through legislation,the authority of coordination agencies should be improved and joint law enforcement should be strengthened to implement the ecological restoration responsibility of polluters or destroyers and improve the ecological restoration awareness of beneficiaries.Secondly,clarify the nature of ecological restoration responsibility and the scope of application of ecological restoration judicial measures in the Chishui River Basin,promote environmental protection organizations to actively participate in environmental civil public interest litigation in the Chishui River Basin,and actively explore cross-regional courts and procuratorial organs Ecological restoration judicial cooperation model and its security system;thirdly,overall planning of ecological restoration funds,and actively explore the market-oriented capital investment mechanism and ecological restoration fund system;fourth,strengthen the supervision of the implementation of ecological restoration in the Chishui River Basin,clarify the acceptance subjects and procedures,and raise public awareness of participation in supervision.