Study On The Legal System Of Vegetation Restoration In China

In the thirteen Five year Plan,there is an issue which concentrates on "green development" and "protecting environment". That issue shows that China will continue comprehensively promoting the construction of ecological civilization and the a country under "the socialist rule of law" since 4th plenary session of 18th CPC Central Committee. China has a vast grassland, and the protection of grassland is an important part of China’s environmental protection. For grassland destruction, restoration of grassland the ecological restoration of vegetation is the direct and fundamental measures. But in the Chinese the existing laws, when destruction caused by person or enterprise during the occupation happen, there no regulations. The deadline for vegetation restoration is just principle advocated, and there are no detailed standards and rules at all. This paper mainly discusses how to regulate the restoration of vegetation within a time limit. By analyzing data in Chinese grassland development report and National Grassland Law Cases statistical analysis report, we know that there is a large area of damaged grassland in our country every year, which need to be restored. In accordance with the law to protect the grasslands, we need to improve the deadline to restore vegetation system.First of all, the author discusses the necessity of grassland law improve the restoration of vegetation within a time limit. The restoration contributes to the protection of grassland ecological environment and ecological interests, and realize the grassland ecological justice. The restoration realize the ecological order and protect the grassland ecological security. At the same time, the restoration can reduce or eliminate and achieve to bear the legal liability, while achieve the unification of retributive and restorative.Next, this article reviews the current grassland protection law and other institutional arrangements. Although protecting grassland in China Law and local rules involves the deadline to restore the vegetation, multiple law enforcement so that duplication fees may exist and there is lack of precise standards while the performance system is not perfect. China’s land reclamation legislation has the model significance, for the approval, supervision and incentive system.Environmental remediation is the basic duty of the major developed countries environmental law, such as reclamation of land reclamation in the United States with legislation. The reclamation project inspection, reclamation security deposit and public supervision has model significance for restoration. The German legislation fixes the responsible person clear, measure and safeguard measures. They prove the competent authorities to complete the repair responsibilities. There are detailed analysis of all kinds of standard sampling methods and parameters and the prediction model, which also provides for the federal government to bear on contaminated land remediation responsibility. In the prevention of EU environmental liability legislation, the repair and the financial guarantee system is to reference in Chinese grassland protection.In order to improve the system of China’s restoration of grassland vegetation, firstly, the author suggest adhering the principle of ecology’s priority. Government should undertake supplementary liability while saboteurs bearing the main responsibility principle and obey natural rules. Secondly, the responsibility to restore the grassland vegetation especially government supervision responsibility deadline should be built. Then, we should determine the cost management. Meanwhile, we should also expand public participation and perfect the expert consulting system as well as the other supportive system to help the smooth operation of the deadline to restore the grassland vegetation system.