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Legislation Concerning The Environment And Resources Of Northwest China's Ethnic Regions

Posted on:2007-06-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H HuFull Text:PDF
GTID:1116360182494666Subject:Ethnology
Abstract/Summary:PDF Full Text Request
The guidelines as regulated by the Communist Party of China concerning the scientific development of China's economy is summarized as humanism, comprehensiveness, sustainability and progress in both humanity and society. Basing its studies on these guidelines, the paper Legislation Concerning the Environment and Resources of Northwest China's Ethnic Regions investigates the advantages and disadvantages of the legal structure as is currently implemented in the ethnic regions of Northwest China and is framed within the actual property rights system and environment and resources conditions of the region.The paper consists of an introduction and four chapters. It starts with a detailed survey of the status quo of the environment and resources in Northwest China's ethnic regions, the relationship between environmental protection and economic development, and the role that forestry and animal husbandry play in the balancing of economy and environment. The paper goes on to study the legal system initiation as is thought appropriate in such conditions. The author places primary emphasis on the instantaneity or urgency of the legislation, while the special ethnic nature of the region is also to be taken into account in the legislation, so that the economic development of the region is consistent, in terms of legislation, with both the environmental preservation and the ethnic predilections of the people there. Next, the author considers the role of property rights in the legislation. She maintains that (1) the interaction between property rights laws and laws concerning the environment and resources protection ought to be realized so that environmental protection may be given due importance in its exploitation and the individual rights of the property may also be guaranteed; and (2) the use of the property ought to be counterbalanced by consideration of the capability of the environment. The author further discusses the complementation mechanism of the environment and resources, i.e. the full use of the resources should not threaten the ecological value of the environment. The complementation mechanism is of considerable significance in the prevention of overdue losses of both the ecological and the economic values of the resources caused by over-exploitation. In view of the extreme water shortage of the northwest areas, the paper suggests that water property legislation be initiated so as to guarantee reasonable use of the water supply.The paper is of considerable academic and practical importance. Academically, it is the first time that legislation concerning the environment and resources of Northwest China is studied and the first time property rights "law is integrated in the environmental studies. Practically, the paper will be beneficial to the improvement of the environmental legislation of Northwest China.
Keywords/Search Tags:Northwest China, legal system concerning environment and resources, property rights system
PDF Full Text Request
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