Study On The Protection Of Wetland Resource Of Jiuduansha In Shanghai

The wetland together with the sea and the forest are called the three ecological systems of the world. Since it has great ecological function and is the most valuable ecosystem, the wetland is sometimes called "the kidney of the earth", "natural reservoir" and "the library of natural species". As an important natural resource, the wetland is essential to the survival and development of mankind.However, as the progress of globalization is accelerating day by day, wetland resource of the world is also being destroyed day by day. At present, the task to protect and manage wetland is rough but imperative. From the point of sustainable development and use of wetland, this paper, by analyzing the practical case of legal protection of Jiuduansha Wetland and by comparing legislation on wetland protection of major countries in the world, takes an in-depth study on modes of legal protection of wetland and analyzes concretely the past, the present and the future of our country's legal protection of wetland, in order to explore a legal protection mode suitable to our nation and provide some practical policy and suggestion. With the help of survey method, comparison study and analytical positivism method, this paper starts with the analysis of the biological value and influence of Jiuduansha Wetland National Nature Reserve, pointing out the deficiencies of the legal protection now on this National Nature Reserve and finding out its cause, then,the author takes a broad research from the point of the whole country on the current problems of wetland protection both legislatively and practically, and explores actively an legal path to properly exploit and utilize the wetland resource both from jurisprudence and implementation mechanism, which can be described as the comprehensive legal protection method implemented by an integrated administrative organization.The comprehensive legal protection method is a way to all-round manage and protect the wetland resource in the form of legal system, in which, the administrative, the managing and protective measures must be adopted harmoniously to provide a integrated protection to wetland resource for its sustainable development. Wetland protection can not be confined to the protection of its ecological state, but should be extended to the protection of its functions, extremely to a comprehensive protection to all related factors, such as the biology, ecology, geology, marine hydrology and the weather and climate condition. Otherwise, the protection will be a palliative and the effect of wetland legislation will be limited. Wetland protection has some common with the other kind of environment protection, but it also has its own particularity, which substantially because wetland has a complex and special relationship with its surroundings. So, to protect wetland needs attention not only to the ecological state of the wetland but also to all the factors related to that part of wetland. This can be the basic requirement of present wetland protection and may also the trend of future.Combined with the comprehensive legal protection method of wetland protection, this paper further put forward a concrete mechanism which is called comprehensive enforcement.Good law lies in the implementation. Comprehensive enforcement is short for administrative comprehensive enforcement, which means a mechanism, in which only one administrative organization or any other organization with public administration function empowered by the law or commissioned by an administrative organ, exercises in accordance with the legal procedures powers of certain administrative affairs formerly attributed to more than one administrative organizations.Such an integrated law enforcement mechanism is just needed for realizing the comprehensive legal protection of wetland resource.