Study On Legal Protection Of Ecological Red Line Management In Yunnan Province

The Yunnan province takes a significant task of building the ecological security barrier in the southwest of China. The stability of the ecosystem and the sustainable development of the social economy in the whole region are based on a good and healthy ecosystem. The ecological environment in Yunnan province has suffered serious damage in recent years, and its environmental cases have been coming out in an unending flow. That’s a serious threat to public health and social development. In this situation, it is the key in Yunnan environment work that suppressing the ecosystem degeneration. Therefore, it is necessary to build a strong ecological red line on a legal system level to save time for environmental resources to recover. The ecological red line is the bottom for ecological security, public health and sustainable development, as well as human life, environmental protection and ecological law. How to build an ecological red line management system in Yunnan Province to make every environmental factors maximize the economic, social and ecological values? That is a great question to the country and the party’s policy makers, also a major subject to the researchers.The work of ecological red line in Yunnan Province has been started in 2013. Unfortunately, because of the absence of guidance and protection of system, it is still faced with many legal dilemmas such as difficulties of delimitation and implementation, absence of regulatory body, imperfection of monitoring and warning system, undefined responsibility for violation, etc. To address the problems, all the obstacle problems of environmental management system of Yunnan Province are analyzed for a long term, focusing on current environmental situation and management issues. Five key points of ecological red line management system in Yunnan Province are built based on the problems above and the actual situation.The paper consists of five parts:an introduction and four chapters.Section Ⅰ The purpose, current situation, methods, main innovations and prospects of the research are introduced to raise questions.Section Ⅱ The demands of the rule of law of ecological red line management in Yunnan Province are illustrated. That is, the necessity, urgency and importance of the legal system. The current ecological environment problems are analyzed. The origin and concept of ecological red line management are reviewed. The viewpoint is made that regional protection is more comply with objective rules than single protection. Ecological red line management is the product of the new environmental management mode. Then the basic functions of ecological red line management is explained, including laws for delimitation, implementation and responsibility.Section Ⅲ The legal basis of ecological red line management in Yunnan Province is summarized. For more theoretical support, the theories about it are extracted from policies, legislation and institutions, and the tips which are met the actual situation is surveyed objectively. Conclusions are obtained, that is, policies are the direct driving force, and the local legislative power should work to make the protection of the red line region achieve the law.Section Ⅳ The legal obstacles for ecological red line management in Yunnan Province are analyzed. Firstly, the management system does not match the concept. For example, the regulatory system goes against the ecological idea. Secondly, the system is not perfect enough. The systems of delimitation and regulation are not established clearly, and the system of responsibility for violation is not extended enough. Thirdly, the systems do not run well. The new systems can’t keep a good connection with their seniors.Section Ⅴ the legal system for ecological red line management in Yunnan Province is designed. A specific legal system is designed based on the previous research and the actual situation. Legal sense should be established scientifically and reasonably to realize the legal concept innovation of the ecological red line management. Also the related laws should be established and completed to construct a legal system, and the environmental law enforcement and political achievement reform should be required to guarantee the implementation of the system.