Font Size: a A A

On The Perfection Of The Management Of Nature Reserves In China's Legal System

Posted on:2006-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:C L WuFull Text:PDF
GTID:2206360155459156Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China is the most polluted country in the world .As the "world's factory", China has paid latent price that is environmental detriment. China's environmental problem has been great limiting to its development, even her people's living. So many rivers have been polluted that made it hard for us to find clear water to drink , so many spices have been died out that is human being's losing on cherish genes which could provide cure genes for some incurablediseases……what can we do to save our nature recourses and environment Asscholars advised, founding nature preserves is the most important way to protect our environment, nature resources and biology diversity. The first NationalPark(one kind of nature preserves) was founded in the United States in 1871——the yellow stone park .After that, many countries set nature preserves to protect their nature, which was proved to be useful, so did China. Nature preserves have been more than 1999 since the first Huding Mountain Nature Preserves founded in China But preserves are always destroyed by human activity in fact Why? What's wrong with our administration? What's wrong with our law? Such questions are the motivation of the author to write this article. The importance of the nature preserves is the importance of this article.This article is on the perfection of china's public participation law, which is the key law to improve the efficiency of our nature preserve administration. As the author analyzed, problems and their reasons in the administration of the nature preserves are all-round and complex. The primary reason is the contradiction of economic development and nature protection, which ultimately rooted on China's developing situation on economy and democratization, which could not been resolved in a short term , or by one or two single laws. Public participation is a system founded on democratization and it promotes democratization in return. It concludes mechanism of rights restricting powers. It could mobilize hugeness wise, labor and money of the public, which is very important to efficient administration of the nature preserves.There are six parts in the article. The prelude is to make sue our assurance to the important meaning of founding preserves, which is the practice meaning ofthe article. The main body of the article is made of four parts. The first part is on the problems and their reasons of our administration on nature preserves, which is the base of choice of the resolving way. Then the article analyzes the important function of the public participation in the public administration and environmental administration, so as to prove the correctness of the resolving way. Further there is description of what public participation can do to improve administration efficiency of the nature preserve, so as to make it efficient, which is aiming at the reasons for the problems in administration of the preserves .The third part dose detail analyzing on the public participation laws in China and the United States. There is few stipulations about public participation in China's law system, which is the result of our attitude to nature heritage, result of our low efficient administration system, result of our draggle law making. What the United States does on public participation to realize the efficient administration of its national park is good example of our system making, which is the direct of the fourth part to constitute China's public participation law. The last part is the core of the article, which is the author's advice on how to perfect China's public participation law. The author thinks it should do in three directions to guarantee realization of public participation in law. First, public participation right should be stipulated in laws from four levels, the constitution law, the primary law on environmental protection, the primary law on nature preserves protection and the laws on every nature preserve. Second, laws on inspiriting people's participation and its proceeding should be constituted. Last, laws to protect public surveillance right are advised to be constituted, such as laws on Protection of the Offence Reporters, on right of Applying Investigation of Offence, and on Environmental Protection Action. The six part of the article advises much more detail research on public participation laws and explains something about the article.
Keywords/Search Tags:China', s
PDF Full Text Request
Related items