Study Of China's Western Region Ecological And Environmental Protection Legal System

Basin is formed naturally, humans choose to live near water, farming and animal husbandry thrives near water, industry builds along water. So the environment question is engendered. As China ecosystem refugee camps, western region is viewed as the national ecological strategy frontiers and important base. Protecting the basin ecosystem is very important significance to the regional economic and social sustainable development.legality,as a basic rational tool, will protect the western ecological environment tremendously. This paper takes system basin view (the interaction between basin economy system and ecosystems), system Authority view (citizen right view of ecological environmental right, the right of citizens' existence and economic development from the perspective of mutual checks) as a perspective to promote academic achievements based on the predecessor. The paper is composed by six chapters composition.The first chapter is the basic theories about the western regional watershed ecological environment protection law. The first quarter is watershed model about the western regional ecological environment protection. Generally speaking, the ecological environment protection has three modes:one is the regional models, the second is watershed mode, and he third is the mode that contains the regional model and watershed model. Watershed system is a kind of natural, social and economic integrated systems. The author thinks that watershed ecological environmental protection should be taken basin mode. Therefore, in this quarter, the author separately elaborate the west river system, the valley zoology of system structure and the proposition that watershed ecosystem is watershed system of economic activities material source and function object. In watershed ecosystem, watershed ecosystem is a ruler of the ecosystem function. River ecosystem, particularly, water flow rate and the trend changes determines the multiply and evolution of watershed ecological system. This section also explores the conceptual framework of ecological environment. The author thinks that the ecological environment refers to mixture of the natural factors and social factors which has the relativity, systemic. through setting research perspective and conceptual framework, in the second quarter,the authors, from philosophy history Angle, on the collection and hunting civilization, agricultural civilization, nomadic civilization, industrial civilization and watershed ecological environment relation between the development of investigation watershed ecological environment evolution. By investigating the watershed ecological environment protection and the history of human civilization, this thesis is based on relatively rich environmental law. The third quarter is theoretical basis. Watershed ecological threshold protects valley of the ecological environment. Watershed ecosystem regard ecological threshold as the basis and has its own operation rule. Citizen ecological environment rights come from watershed ecological threshold and the ecological laws restrictions to civil rights and economic development rights. Citizen ecological environment right is legal principles of watershed ecological environment protection. Watershed ecosystem protection legal system and operation mechanism perfection all should built in the right framework. For the institutional arrangements of ecological environment right and subsistence and economic development right, legislation should maintain a fair. Respecting watershed ecological threshold and the ecological law is the basic way to solve the contradiction between the citizens' existence, economic development right and ecological environment right.The second chapter refers to the western region the river ecosystem pollution and the existing legal system. The first quarter is the lacking of the basin industry planning system in the western region. Traditional GDP assessment pays attention to economic, but looks down on environmental protection. Officials do not Conscientiously implement the ecological environment protection law system though sacrificing ecological environment, which led to developing lots of highly polluting factories. Meanwhile, drinking water necessities planning system, in a certain extent, has certain regulating role for watershed industry layout. In the second quarter, the author rethink the basin pollution prevention system in the western region profoundly, which mainly includes three aspects: backward of supervision system for the river with toxic or harmful substances, weakening of basin pollution prevention standards system effectiveness, and the dual separation basin pollution total amount control.The third chapter refers to the watershed ecological destruction and the existing legal system about the western region. First quarter reflects environmental impact assessment system. The author study present laws and regulations of environmental impact assessment, and think that the system exists five questions in watershed ecological environment protection aspect. The second quarter relates and analyzes the backward of watershed ecological protection economic regulating system construction. This section regards civic ecological environmental right, civil rights and civil economic development as the theoretical basis, and elaborates the basin of ecological compensation theory new interpretation. The author thinks that watershed ecological compensation is some administrative behaviors which deprives subsistence rights to safeguard citizens ecological environment rights, and put forward in the theory basis of valley zoology compensation system. This section also puts forward the lacking of the current watershed ecological tax system. The third quarter involves river basin water resources allocation and ecological protection. Twisting water resources allocation values leads to the ecosystem decline. For water resource distribution, how to construct Efficient and fair water allocation system, is not only a for administrative mechanism and market mechanism of optimal selection problem, but also a subsistence and economic development by citizens and the ecological environment right based value judgment process. The fourth quarter is watershed geological change and watershed ecological environment protection. This section illustrates the effects to ecological environment.The fourth chapter is the watershed ecological environment protection and current system operation mechanism of the western region. The first part tells us the imperfect of watershed environmental administrative law enforcement mechanism. They mainly display that administrative system internal supervision efficiency is low, the environmental protection administration system is intersected. The second quarter displays that watershed environmental judicial system and team needs to be deepened construction. Watershed environmental public litigation system needs to be legislated litigation subject qualification, litigation mode and litigation expenses need legislation to provide support. In addition, the judicial personnel professional quality in the western region is low relatively. The third quarter is about watershed environmental subjects' law-abiding mechanism missing which mainly ascribes to citizen environmental protection consciousness and disadvantages of nature, environmental administrative subject and enterprise's disadvantages of nature. Government officials are influenced by traditional GDP assessment system constraints, and its power lacks supervision, etc.The fifth chapter is about the watershed ecological environment protection legislation perfect of the western region. To improve legislation, legal operation mechanism should be structured Based on systematic right view. The interest coordination and planning system on the basis of systematic basin development, the prevention system on the basis of systematic protection concept, the economic control system with the balance effectively between civil rights and ecological environment right as the core. Also we should consider the effects which comes from watershed of industrial production, agricultural production and farming civilization for watershed ecosystem protection legislation and law enforcement in western region economic development mode. Watershed ecological environment standard system is based on the theory of watershed ecological valve setting value. Watershed ecological environment standard system mainly include watershed ecological environment standards subject, watershed ecological environment standard system, valley zoology environment standard properties. Ecological system planning and industrial forbidden limit system will prevent the source of ecological destruction and pollution in the macroscopic level, which considers watershed ecological system protection, citizens' existence and economic development. The protection of both sides is watershed ecological environment standard. The basin environment impact assessment system is based on watershed ecological environment standard of government, enterprises and the exploitation and utilization of ecological system of economic activities, which first considers whether to conform the watershed ecological system planning and industry planning, and then considers economic activities affect to watershed ecology system caused, and approvals accordingly the examination. Watershed ecological environment prevention system mainly includes expanding the eia area, perfecting the river watershed eia screening mechanism, electric eia procedures. Watershed river ecosystem pollution prevention system is based on the ecological environment protection standard of river ecosystem from agricultural and industrial pollution which is an important content of environmental protection. River ecosystem pollution control system is mainly including perfecting basin industrial contaminant governance system, aggrandizement valley agricultural pollutant governance system. The basin agricultural pollutant governance should implement administrative guidance and ecological agriculture economic incentive system. Watershed ecological protection economic control system and water resources allocation system protects watershed ecosystem from damage as the most important work. Watershed ecological environment economic control system is mainly including perfecting valley zoology compensation system, ecological tax and green finance system. Valley zoology compensation system mainly involves the nature, the legal relationship, compensation sources, compensation scope, amount, compensation relief, scope of system, etc. This section also believes that the root cause of ecological compensation poor phenomenon is inflation. Ecological taxation and environmental pollution tax are two important economic control measures to inhibit watershed ecosystem pollution and destruction which considers watershed ecological threshold and the effect of inflation. River basin development green financial policy should be integrated into the financial legal system, in order to improve the legal hierarchy, strengthening the legal effect. River water resources allocation system is the system of rules which considers and uses the water resource utilization value. Legislation should establish river basin water resources distribution system which realize the unity of administrative mechanism and market mechanism Among them, the level of river basin water resources allocation, should rely on the administrative mechanism to regulate, Secondary distribution is dominated by market mechanism.The sixth chapter is about perfection of the operation mechanism for the western region the watershed ecological environment protection system. The first part expounds watershed ecological environment protection law enforcement construction. It mainly includes establishing green GDP appraisal and Vertical basin environmental management system. The second quarter is about the watershed ecological environment protection judicial construction in the western region. The author proposes that watershed environmental courts and sent the court should be established in order to improve judicial personnel quality. The third quarter is the watershed ecological environment protection law construction of the western region. The author think that measures should be taken to strengthen universal law propaganda,perfect the universal law propaganda mechanism and establish Basin environmental law-abiding incentive mechanism.。The fourth quarter is citizens' participation system in watershed ecological environment protection.The author thinks, to establish basin environmental public litigation system, legislation should be based on ecological environment right of citizens, nongovernmental environmental organizations are taken as the carriers. Through improving the environmental information openness system, we realize basin citizen participation in basin environmental protection administration and watershed judicial administrative.