Comparative Study On Law System Of Sino-japan Coastal Islands Ecological Environment Protection

Islands Protection Laws of People's Republic of China was released in March 2010. By the forms of special legislation on the islands, it has been made clear on the value orientation toward islands, namely setting the legislative goals for protection of islands. The issue of the special legislation makes innovation on the laws, breaking the previous dispersive legislation mode and promoting the development of special legislation on island in China. Under the backgrounds of protection laws on islands, we can find that China is making more efforts to protect her islands. While it can be shown that the ecological problems are getting more and more severe in China's islands. As an island country, Japan has experienced a long time in legislation on islands. It made mistakes at "develop first, clean up later" model and from which gained much experience. Up to now, Japan has established a comparatively perfect island management legal system. Although China is quite different from Japan in terms of geological conditions and national conditions as well as legislative background, there are still some precious experiences that we can learn from.This paper compared and analyzed the legislative pattern and legal system of ecological and environmental protection of coastlands between China and Japan. It pointed out that there still exist imperfects in the legal system of ecological and environmental protection of our coastlands, and put forward some suggestions to perfect this legal system. In practical terms, the paper first compared and analyzed the legislative backgrounds of island protection between the two countries from the perspective of the general conditions of the two countries. Secondly, the paper elaborated theoretically the legislative pattern and target pattern of coastlands legislation, then analyzed the respective coastlands legislative pattern between the two countries, and illustrated the reasons to their respective legislation characteristics and different legislative patterns. Thirdly, the paper discussed and comparatively analyzed the contents of the coastlands ecological and environmental protection legislative system of the two countries. By pointing out the characteristics of the existing legal system on coastlands management, the paper comparatively analyzed the coastlands legal system of the two countries, and to conclude the experiences and lessons of Japan,in order to made it clear the legal system basis of legislative principles of conservation priority in accordance with our country's natural conditions and specific national conditions.Anyhow, by comparing and analyzing the coastlands legal system of the two countries, and through properly referring to the scientific practice of Japan in the coastlands legislation and management planning, in order to develop and perfect our country's island legislative system and specific law system of the coastlands ecological and environmental protection. This is the real meaning of this paper.