Western Eco-environmental Protection Laws In China To Study

In 1999 the central government formally announced the strategy of West Development and provides strong support to the west part by means of policies, funds and projects, which applies to the following 12 provinces, municipalities and autonomous regions, i.e. Chong Qing, Gui Zhou, Yun Nan, Guang Xi, Xi Zang, Shan Xi, Gan Su, Qing Hai, Ning Xia, Xin Jiang and Nei Meng Gu. Exactly after the formal announcement of the strategy of West Development the leaders of the government emphasizes the importance of protection of the ecological environment of the west part and also emphasizes that China cannot make the same mistake of "damage at first and recover afterwards". Furthermore the total ecological environment of the west part is vulnerable, certain part is hard to recover or even non-recoverable after damage. After carrying out of the strategy of West Development the west part has achieved a remarkable economic growth. But we shall note at the same time that, with the further progress of West Development, the protection of the ecological environment of the west part is confronting more and more challenges. Different kinds of ecological environment problems continually arise. How to keep a reasonable balance between economic growth and local ecological environment protection becomes an issue cared by all social classes. In the introduction, based on the analysis of the content of the concepts of "ecology""environment"and"ecological environment"etc. in combination with the relevant stipulations of the existing laws, the writer analyses the uses of the concept of "ecological law","environment law"by the academic circle currently. In the opinion of the writer, based on the definition of the "Environmental Protection Law", which is the fundamental law regarding ecological environment protection, it is not necessary to replace the popularly used similar concepts like "environment law", "environment protection law" etc. with "ecological law "and "ecological environment law"etc. Afterwards the writer has made a brief analysis of the domestic literatures regarding the legal environment construction, ecological environment of West Development Strategy. This dissertation makes analysis of the major ecological environment problems of the west part in recent years mainly by means of Literature Analysis Method, Normative Analysis Method, Value Analysis Method and Field Investigation Method and try to express certain own opinions in this regard.Chapter 1 mainly focus on the current situation of the ecological environment of the west parto The basic situation of the ecological environment of Chinese west part has the following characters:1. the ecological environment is important;2. the ecological environment is vulnerable; 3. The ecological environment protection is exposed to great pressure.How to realize a comprehensive economic and social development and improvement of living standard of local people on one hand and the protection of the ecological environment as well as proper contribution to the national and local ecological environment improvement at the same time on the other hand is a big challenge. This is also the basic situation of this dissertation for the topic of ecological environment protection of the west part. In recent years Chinese major senior leaders continuously emphasizes the importance of protection of ecological environment, especially the protection of ecological environment of the west part, on separate different occasions. In fact, in recent years, with the continuously increase of degree of recognition of the governments at different levels, with the increase of investment, with the progress of the technology development and with the carrying out of the major ecological environment protection projects, the west part has achieved certain encouraging results in field of ecological environment aspects. But in spite of this, the ecological environment protection nationwide, including the west part, is still under the trend of "improvement in certain part but get worse in whole". The situations of water loss and soil erosion, desertification of land, continuous dropping down of species diversity, decrease of percentage of forest cover, acceleration of glacial ablation are still tough.Based on the analysis of the current situation of the ecological environment of the west part in chapter 1, the writer made a brief introduction of the current ecological environment legal situation of the west part. Such arrangement based on the following thread:How is the rough existing situation regarding ecological environment in the west part of China? Under what kind of regulation environment is such situation formed? Thus in section 1 of this chapter the writer make a brief introduction of the whole ecological environment protection legal system; In section 2 of this chapter the writer made a brief analysis of the autonomous area of the west part regarding the ecological environment protection autonomous legislation, including autonomous legislated regulation, separate regulations, adapted legislations and regulations. The west part, as the area with highest population density of Chinese minorities and also as the area with the highest autonomous areas density of China, has large amount of autonomous legislation. A lot of legislations among these are relevant to the ecological environment protection. An initial analysis in this regard is absolutely necessary to the understanding of the existing ecological environment protection legal environment of the west part. After analysis, the writer is basically in the opinion that the broad west minority autonomous areas have not taken full advantage of autonomous legislation and have not done a good job in ecological environment protection.In chapter 3 the writer has conduct a research regarding the law enforcement of ecological environment. In section 1 the writer conducted a research regarding the ecological environment law enforcement system as well as the problems arising from the ecological environment law enforcement and is in the opinion that the current environment law enforcement is confronting the following difficulties:the local governments focus on the economic growth with negligence of environment problems; the unlawful activities of the enterprises are exposed to low risks of punishments; weak punishment with limited punishment measures; the difficulties in cooperation between government departments at different levels as well interaction between different departments. Based on this the writer has proposed corresponding solutions. In section 2 the writer has analyzed the development history and existing problems of the "Environmental Impact Assessment Law" and is in the opinion that the Environmental Impact Assessment Law plays a positive role in strengthen the ecological environment protections. But there are still a lot of problems. Based on this the writer has made certain proposals regarding legislation improvements.In chapter 4 the writer analyzed the situation in undeveloped area abroad. In section one the writer analyzed the development background and basic process of the Westward Movement in America, Siberia environment laws and regulations. At this stage, China has already set up the basic legal system regarding the traditional ecological environment protection; the major point should be the implement of the laws. In order to resolve the continuously arising new type of ecological environment problems we should still continuously strengthen the legislations. In addition we should note that the ecological environment protection should step out of the thinking model of single environment element protection, instead of that we should strengthen the general idea of ecological environment protection from aspects of system design, ecological environment law enforcement and social supervision over the ecological environment protection.The ecological environment problem in the west part is a complicated problem. The research in this dissertation is far less than needed against the existing ecological environment problems in the west part. For the issues not covered in this dissertation we just leave it to research in the future.