| Tidal flat is located in the boundary between the land and sea area, has a specialresource value, ecological value. With the development of coastal economy,population and a large number of changes to the coastal line, coastal areas faceproblems such as insufficient development space, the lack of resources.In order tosolve the above problem, coastal areas began to large-scale development (or on) thecoastal tidal flats, large amounts of coastal tidal flats are converted to agricultural land,urban construction land, and the fishery breeding places.Because of the people justpay attention to its resources value, and neglect its ecological value, resulting in aseries of questions. Building coastal tidal flats in the legal system, therefore, is aneffective way to resolve these problems. Therefore, It is an effective way to resolvethese problems for building the legal system of tidal flat.At present, the definition of tidal flat is different, China’s relevant laws andregulations also did not give it a very clearly defined. Due to coastal tidal flatsconcept is not clear or confusion in practice management of coastal tidal flats and theabsence of protection or dislocation phenomenon is very common. In this article, tidalflat defined as intertidal zone, supratidal zone and subtidal zone that having availablematerial basis for coastal biology to survive and breed. According to the differentclassification standards, tidal flat can be divided into different types. According to thegeological composition standard classification, tidal flat can be divided into mud flat,sand beach and bench beach. According to the ecological standards, tidal flat can bedivided into nude beach and biological flat, in which biological flat can be dividedinto marsh flat, mangrove flat and coral reefs flat. According to the morphologicalchanging standards, tidal flat can be divided into stable beach, type of beach accretion,and type of beach erosion. Tidal flats with the boundary between the land and sea,dynamic change, ecological characteristics, these characteristics reveal the uniqueness of the coastal tidal flats.China’s relevant laws and regulations on the legal nature of cognition of tidal flat,also follow the dichotomy of "either land or waters" mentality, so as to make theintertidal zone, supratidal zone and subtidal zone belong to different legal adjustment.To achieve effective protection of coastal tidal flats, need to break the trap of thinking,We should think intertidal zone, supratidal zone and subtidal zone as a whole,torealize the legal nature of the agreement.Tidal flat in regulating climate, maintaining biological diversity plays animportant role. But our country tidal flat ecological environment is deteriorating.Tidal flat has suffered erosion and embezzlement, biological diversity become worse,pollution is serious day by day. Tidal flat ecological environment deterioration makestidal flat ecological function being damaged. China’s coastal shoal exist degradationserious condition, is our country coastal tidal flats of the management system, lawsand regulations and adjustment means there is some problem.Coastal tidal flats is adecentralized management system management system, water resources department,ocean department, forestry department, the department of agriculture (fishery)industry, such as land and environmental protection departments have managementand regulatory authority;Coastal tidal flats management system is a kind of "localsupplemented, central" management system;Tidal flats management system is a kindof environmental protection from belongs to the economic development of themanagement system.At present our country is not a tidal flats in the relevant laws andadministrative regulations, local laws and regulations about tidal flats is mainly basedon the tidal flats development rather than protection.Local laws and regulations set bythe coastal shoal adjustment measures, mainly including "tidal flats to developenvironmental permits and tidal flats to develop environmental planning and tidalflats development and environmental violations of administrative penalty" threemethods of adjustment.Three kinds of adjusting method in the actual operationprocess pay attention to the entry control and end control of coastal tidal flats, ratherthan process control.The reason of tidal flat ecological environment deterioration is our country tidal flat management and legal regulation is "resource management, decentralizedmanagement, entrance management and terminal management". tidal flat is regardedas the resources to exploit and utilize, rather than the ecological system to protect bycoastal government. Tidal flat management system is a distributed managementsystem. There are at least six department that having management and regulatoryauthority, which is the water conservancy department, marine department, Departmentof forestry, farming (fishing) department., land departments and environmentalprotection department. Decentralized management causes the responsibility chaos.Tidal flat law adjustment single, environmental responsibility vacancy, which makesthe related departments rely on the performance to escape the responsibility of tidalflat environment deterioration. In order to protect tidal flat ecological environment,achieve the balance of economic development and ecological protection, we needchange the idea of tidal flat management and legal regulation, achieve ecologicalmanagement, integrated management, process management and preventionmanagement. Among them,"ecological management" is the core to realize tidal flatecological environment protection.In order to achieve ecological management and legal regulation of tidal flat, weneed establish three legal system. This is "no net less" legal system, functional zoninglegal system, ecological compensation legal system. The three legal system is aClosely linked system. The "no net less" legal system establishes national tidal flatprotection area and development requirements. The functional zoning legal systemachieves the classification of tidal flat. The ecological compensation legal systembalances the exploit and protect. In spite of the three legal system do not ban theexploit and utilization of tidal flat completely, we can change the resourcemanagement nature of tidal flat.Integrated coastal shoal protection, comprehensive management system of thecoastal tidal flats can be build.Follow the current all countries in the world attachesgreat importance to the coordination on the environmental protection agencyconstruction train of thought, and comprehensive management system of the coastaltidal flats at the heart of the building is to build a building authority clear and reasonable architecture of the coastal tidal flats comprehensive managementcommittee.Comprehensive management committee needs to fit with the coastal zonemanagement mechanism, and for the water conservancy department, oceandepartment, forestry department, agriculture (fishery) industry department, thedepartment of homeland and the environmental protection department, such as tidalflats management main body offer the platform of the communication andcoordination, so as to realize the coastal mudflats between management subject,straighten out the relations between central and local.On the other hand, we build the administrative adjustment means system andmarket adjustment method system of tidal flat. dministrative adjustment measuresbased on command-control, market adjustment means system is based on incentives–guide. The administrative adjustment means system is including environmentalstandards, environmental planning, environmental impact assessment, environmentalpermits, environmental punishment. The market adjustment method system isincluding the development of trading, the development of the deposit, thedevelopment of tax/fee, protection subsidy. Two categories of legal adjustmentmeans formed beforehand prevention, monitoring, system of complete indemnity,avoid coastal mudflat protection "punishment, lighter than later on prevention" portsticking point adjustment, so as to realize "process adjustment". |
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