The wetland and the forest, the sea and are called the whole world three big ecosystem, the wetland have both the economic value and the ecological value, the wetland have maintain the water source, the purification water quality, store floodwater for use against drought, ecology functions and so on adjustment climate and maintenance biodiversity, the healthy wetland ecosystem is the country ecological security important component and the economic society sustainable development important basis. The protection wetland, regarding the maintenance ecological equilibrium, the improvement ecological regime, promotes the human and the nature has the vital significance harmoniously.Our country's wetland use and the protection present situation have many problems, what we pay attention how to solve these problems from the legislation. This article first obtains from the wetland outline, to introduce that the wetland the function, highlighted especially has paid attention to the wetland ecology function, but because we lacked the enough understanding to the wetland, often was only the claim lacks the effective protection in the development process, caused the wetland area to wither, the pollution to intensify, the wetland biodiversity to drop, to reduce the wetland overall benefit. Why doesn't the wetland have the full protection, the most main reason is the wetland management system is weak, the participation wetland protection's department are many and is mixed, lacks the overall plan to be coordinated, causes the wetland management the efficiency drop, simultaneously the wetland protection's legislation also has a series of problems, the wetland protection lacks the systematization the safeguard.Our country did not have the special wetland protection legislation, the wetland protection still to rely on the environmental protection fundamental law which and the traditional resources law at present urgently awaited to revise, because the environmental protection fundamental law were few regarding ecological protection's stipulation and the traditional resources legislates the excessively many value wetland economic value, neglect wetland ecological value, traditional legal with difficulty effective protection wetland, to maintain our country's ecological security, carried on the special wetland protection to legislate imminently as soon as possible. Regarding the wetland protection's legal research, many countries are in the leading position, has the successful experience, for example the US pays great attention between legal coordinated, but Japan is the wetland protection public participates in the development being good, Britain's natural conservation rules and regulations are strict, these have regarding our country's wetland protection legislation importantly profit from the significance.This article take the wetland function introduction as a basic point, has analyzed our country's wetland protection present situation and the current our country's wetland policy and the legislative present situation. Proposed that the consummation wetland protection legal framework has the vital significance regarding the wetland protection, how regarding to construct the wetland protection legal framework also to propose some suggestions, must first revise our country's environment fundamental law, next must construct our country's wetland protection to legislate specially, finally must strengthen the wetland type the nature protection area construction, must adjust the social relations which take the sustainable development idea as the objective in the wetland use and the protection formed, thus strengthened to the wetland the protection, caused its economic value and the ecological value realizes can coordinate, realized economic society's sustainable development. |