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Study On Issues And Responses For China’s Grassland Legislation

Posted on:2014-12-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z Y WanFull Text:PDF
GTID:1266330425974824Subject:Environmental planning and management
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Grassland as an important part of ecological system, has not only important natural valuebut also important humanistic value. In today’s society with the exacerbation of ecologicalcrisis, the deterioration of grassland ecological enviroment is not allowed to ignore. In theyear of1987, World Resources Institute had pointed out that more than60%of the grasslandin the world exists serious deterioration, nevertheless, the deteriorating condition of grasslandecological enviroment in China is more prominent. The data that Grassland Monitoring andSupervision Center Ministry of Agriculture released shows that grassland exists differentdegrees of degradation, desertification, stalinization, desertification accounts for90%of thetotal national grassland, and grassland deterioration caused a series of ecological and socialproblems, such as declining grassland ecological function, frequent sandstorms, reducingwetland area, decreasing biodiversity, and losing grassland culture. The reason of thedeterioration of grassland has two aspects: first, grassland destruction caused by humanfactors, second, the grassland deterioration caused by natural factors. Between them, theformer can be changed by human and is the main factor, and the latter is difficult to reverse bypeople themselves. In the past, the protection of grassland in our country mainly concentratedin the field of natural science technology, people has realized in recent years gradually that thegrassland protection needs both the fix of natural science technology and the guarantee ofsocial science system, especially the guarantee of legal system. The law is the “hardest”method compared with policy, economy, education which belongs to “soft” methods, and thelaw has coerciveness that other social system cannot match. Due to the deterioration ofgrassland mainly comes from the people’s behavior, the law is the more powerful way ofadjusting people’s behavior, the application of law regulates the behavior of people to protectthe grassland, it should be a wise choice.Back tracking on the grassland legislation history of our country, for a long time it is notdifficult to find that there is no relative complete grassland legislation, this point behavesparticularly outstandingly in the early history dynasty. Legislative regulation of grasslandprotection was attached to relevant laws of the animal husbandry, among them,“Tianshenglaws” of Western Xia Dynasty was typical. National grassland legislation has been founduntil the Yuan Dynasty, namely,“Big Zhasa” enacted by Genghis Khan. Since the Ming andQing Dynasties, most of the prairie legislation is local laws and content is much looser. Afterthe founding of New China, the grassland legislation had entered into the germination,development, and gradually improving period. The promulgation of “Grassland Law” in1985marked the end of the situation which law cannot be applied to grassland protection; In2003the implementation of the “Grassland Law” marks the grassland protection enters into reallegalization age in our country.“Grassland Law” of2003is the core of grassland legal systemin our country, it better reflect the basic requirement of grassland protection and rational use in our country and defined the supervision and examination duty of the grasslandadministrative department, strengthened the maneuverability of the grassland legalresponsibility trace, increased the special provisions in the construction of grassland,extended the content of grassland protection and utilization. However, it exists a series ofdeficiencies, main showing fail to real implement the basic idea of “stainable development”,this is the root cause of the conclusion “people’s behavior is the main factor of deteriorationof grassland”; Grassland legislation content is not complete, lacking of detailed rules onbiodiversity protection, ecological compensation and public participation and so on; Poorgrassland legislation technology showing poor applicability of criminal responsibility andnarrow administrative responsibility, etc; There are conflicts between grassland legislationand other department laws, such as “Environmental Protection Law”. So the grassland legalin our country still need to be improved. Due to perfecting our grassland law cannot doanything without the investigation of the extraterritorial legislation, in our research, wechoose six provinces including the Inner Mongolia Autonomous Region, Xinjiang UygurAutonomous Region, Sichuan Province, Yunnan Province, Ningxia Hui Autonomous Regionand Jilin Province, covering the main prairie provinces of the north and south of China. Andcarried on the investigation and research, including grassland destruction behaviors and itssubject, grassland administrative punishment and criminal punishment, prairie crimeconstitution and penal discretion, etc, the conclusions and the above theoretical analysis havesubstantial consistency, including first, the artificial damage the main cause of grasslanddeterioration comes from people’s behavior and the maneuverability of grassland crimelegislation is poor.Above all, China’s current legal law has begun to take shape, grassland legal protectionalso has produced results, however, overall situation of grassland remains “partialimprovement, overall deterioration”, the formation of this situation is caused by a variety ofreasons, but one of the important reasons is the grassland legal system in our country is notfully meet the actual needs of the grassland protection construction, empirical research alsoillustrates this point. Based on the theoretical analysis of grassland law and empirical researchof grassland legal protection and draw lessons from the legislative concept and legislativecontent of the outside prairie countries such as the United States, Australia, Canada,especially on the basis of advanced experience in biodiversity conservation, ecologicalcompensation and effective regulation of grassland, etc. This paper puts forward thefollowing perfect measures: First, reverse the legislative ideas, including set up the correctlegislative purpose, unify grassland legislation, law enforcement, judicial and law-abidingconcept, establish the sustainable development scientific concept, the basic idea of“sustainable development” integrates thoroughly into all process of the legislative, judicialand law enforcement. Second, perfect the content of grassland legislation, including the strengthening the biodiversity protection system, increased and add ecological compensationand public participation system, add the relevant content of “Constitution”, the“Environmental Protection Law”,“Grassland Law” and introduce relevant special lawcontent. Third, improve grassland legislation technology, definite related legal responsibilityon grassland protection, strengthen the applicability of criminal legal liability, increaseadministrative law responsibility provision and broaden the scope of civil legal liability.Fourth, strengthen the coordination between grassland legislation and the related legislation,coordinate the relation between grassland legislation and other departments of law; strengthenlocal legislative applicability, including the antecedence and operability of local legislation,respect ethnic custom of grassland region.
Keywords/Search Tags:Grassland, Grassland legislation, Perfecting countermeasures
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