Ecological Conservation Priorities Principle And Institution Design In The Legislation Of Uninhabited Islands

Human survival environment orderly and harmonious and human support behavior should be fair and reasonable resource environmental legislation rules and regulations. Ecosystem is the logical starting point of the legal protection of the islands with no residents. Ecological lies in its entirety and systemic, each is a complete system as a whole. Integrity means that any components or elements of ecosystem has an irreplaceable position and function. Ecosystem components or elements of interdependence, interaction and mutual restriction between together form a whole, if any of the change of components, will inevitably to some or other direct or indirect impact on the whole. Ecosystem balance is a dynamic balance, maintain the ecosystem balance is conditional, limited, disturbance to the system over its ecological threshold, will lead to ecological imbalance, degradation and even collapse.The surrounding waters of the islands with no residents constitutes a relatively independent and complete ecological system, it is because of its ecosystem degradation outside interference than its ecosystem oneself ability the outward sign of recovery. Any development activities of the islands with no residents will cause direct or potential impact to the ecosystem. Island and reef blasting causes damage, and predatory damage of biological resources, unscientific, unreasonable, island property change with the island, leading to pollution behavior directly result in numerous residents island ecosystem degradation or worse. But both island land resource destruction and biological resource damage caused by ecological degradation are dismembered, slit island resources and environment factors of the relationship between protecting its ecological system as a whole. Cause the ecological problems of the islands with no residents of the deeper reason mainly is:lack of ecological value of cognitive theory, absence of balance of the ecosystem management and ecological protection system lack of priority.Law is not only a regulator of social relations, but also a standard to the behavior of people. However, once the lack of the participation of the legal system will cause the "rational" behavior recklessly destructive consequences. Legal regulation of the development and utilization of the islands with no residents action experienced by the "excess, disorderly, free" neglected stage, and to "paid use", and then to the stage of "priority to protect reasonable development" after 2010. For the islands with no residents, evolution law of cost is island ecosystem degradation and destruction of ecological environment. And the island protection act to protect the principle of "priority to protect reasonable development" is clearly not to solve the ecological problems of the islands with no residents, to adjust its development and utilization and ecological protection of the relationship between complete principle, abstract and reserved "protection priority" coordination forever can not win "reasonable development". What’s more, the development and utilization of the islands with no residents and protection of the existing legal norms is not system, incomplete, not scientific and reasonable to owe the problems and defects, especially solve the ecological problems of the island, its essence is to repair and maintenance of the ecological system. Ecological protection priority principle and system, therefore, is caused by the lack of islands with no residents that the root cause of the deterioration of ecosystem degradation even if it is to truly realize the ecological protection of the islands with no residents needs priority to ecological protection legislation initiatives.Law is the method to gain or loss the interests. it is the way to confirm and standardize of the maintenance, and the legislative process is the process of the interests to confirm as well as the process of value choice. The relationship between economic development and ecological protection in the context of law can be converted into the relationship between economic benefit and ecological benefit, for the legal protection of the islands with no residents how to balance between ecological benefits and economic benefits, establish what kind of value concept and principles of legislation is depends on the value choice of lawmakers from formally. But the law is not essentially set the rules and create rules, but to find rules and recognition rules. Despite the value from the form is subjective, but its content is determined according to the internal stipulation. Due to the occurrence of natural ecosystem of the islands with no residents, with its integrity, vulnerability and sensitivity characteristics of the system, the decision was made to balance the bad anti-jamming ability of the system and resilience is weak, easy damage and difficult recovery, most even irreversible, these features requires to protect its ecological priority. Priority began in island ecological value, ecological protection and ecological value is the very essence of the service function of its systematic reflected, is the dominant value.The basic principles of law is the basic principle of reflect the basic spirit of the law, is that people must follow in the process of formulation and implementation of the law, through legislation and enforcement process of the basic principles, it carries and indicates the basic legal system in the field of the core value and basic goal. Conservation priority as the basic principles of the legislation protection and management of the islands with no residents, had decided its basic, guiding and binding position in the legislation, protection and management system of the islands constitute no residents of the logic starting point and value foundation, and adjust and guide the conservation and management as the basic direction of the legal norms in all levels of the legislation of the islands with no residents, therefore, the protection of the islands with no residents design, application and management of the basic system arrangement and system implementation and so on each link must be placed in the conservation priority under the inevitable requirement of. The priority principle of ecological protection with ecology, ecological ethics, ecological economics and the legitimacy basis of ecological politics. Ecological protection priority is the abandon of traditional economic development model, is also the solution of the traditional economic theory, but also to the human and the nature harmonious coexistence of the construction of ecological and economic order, finally realize the sustainable development of cooperative co-evolution.Dworkin said "principle is the rules of rules", and the system is rules, rational. For the ecological protection of the islands with no residents, the principle of ecological protection standard eventually need to be converted into system rules, to achieve real protection of the ecology of the islands with no residents. Protection system construction of the islands with no residents, under the priority principle of ecological protection and over both the need for overall use, strict management and general management, is conducive to the priority use of ecological protection and the universality of the classification of protection, the principle system of standard management, and the need for ecological protection planning, environmental impact assessment, ecological margin and test behavior constraints limited the operability of management system, also need to have a relief system of environmental management and ecological restoration, more need to unmanned remote island ecological tour and ecological damage at the time of the representative litigation and other supporting system, finally realizes the effective protection of the ecology of the islands with no residents.The purpose of the legislation construction system of the islands with no residents is to solve the ecological problems, and the solve to the ecological problems depends on not only the scientific and reasonable system standard, but also need a good institutional environment of system implementation. In terms of ecological protection legislation of the islands with no residents, our country related environmental law legislation idea and the system environment for the realization of the goal value of ecological priority protection is of great significance. "Environmental protection law" as the backbone in the field of environmental protection law, the value of the environmental protection goal lies in the implementation of its environmental order, in accordance with this deduction "environmental protection law" is law of ecological protection is preferred. The logic reasoning, environmental resources such as water, land, forest land and grassland is a relatively complete ecological system, formed by the "water law", "land administration law", "forest law", "grassland law" and other legislative idea and principles should be the priority principle of ecological protection, because resources is a component of the ecosystem, only protect the ecosystem balance and stability and to guarantee the sustainable utilization of the resources as system components function; And the same, we can export sea special law related to the environment and resources, such as the Marine environmental protection law, the maritime space use administration law, the island protection act, the fisheries law and other legislative concept and principles of ecological protection should be a priority. Only in this way, we can alleviate and reverse the current trend of the ecological environment worsening and ecosystem degradation, promote legislation concept and value target relative lag of environmental law system specification conversion in the direction of ecological law.