On The Legal Insititutions Of Ecological Security In China

Ecological security is very basic for the security system of a country and that even affects if the entire country is safe or not. At present, ecological problems frequently occurred in China, which made the security situation of China very grim. However, the theoretical research of ecological security in China is still at the initial stage, and the relative legal institutions of ecological security in China are seriously lagged and inadequate. Therefore it is an urgent need for legislative studies on ecological security, especially studies in the legal institutions of ecological security, which will promote legislative work of ecological security in China and safeguard strongly the ecological security of China.With the comparative method, the value analytical method and multidisciplinary approach, this article discusses the concept and connotation of ecological security, discloses the ecological security problems and causes in China, and further reveals the defaults and causes of ecological security laws in China. Then this article puts forward the pursued values, the purposes, the guiding ideology, the basic principles and the system framework of the legal system of ecological security in China. How to establish the major legal institutions of ecological security in China was also discussed.First of all, with the origin of ecological security, the legal definition and features of ecological security and the relations with other securities, the safety theory and risk theory discussed, the concept and connotation of ecological security is grasped clearly, which supply a conceptual basis for the construction of the ecological security legal system. Based on that ecological security issues, the status and the defaults of ecological security legislation are inspected, seven types of ecological security issues and the reasons are pointed out, and also the current legislative status of ecological security and five problems in China are discussed. The deep causes that lead to the above legislative problems are analyzed from ethical basis, guiding ideology, theoretical basis and the legal transformation.Then, this article focuses on the pursued values, purposes, guiding ideology and the basic principles of ecological security institutions in China from the perspective of the system. The pursued values of ecological security institutions in China should be the uniform of ecological security and social security with the leading of ecological security. The directive purposes of the legal system of ecological security in China are to protect the security of ecological system so as to realize the sustainability of development including the ecological system and human society. The guiding ideology of ecological security institutions should includes two ideas. It is a primary guiding idea to achieve the reunification of the ecological security and socio-economic interests. The other idea is the implement of prevention and cooperation. And this article points out seven basic principles which will guide the construction of legal institutions of ecological security in China, including the principle of sustainable development, the principle of fairness, the principle of continuity, the principle of coordination, the principle of the value of resources, the principle of public participation and the precautionary principle. Finally, with the guidance of the above ideology and basic principles, this article suggests a legal system framework of seven institutions and the following four major legal institutions of ecological security are designed, supplemented and perfected, including the evaluation institution of ecological security, the compensation institution of ecological security, the protection zone institution of ecological security and the accident & incidents Emergency institution of ecological security.