Research On China’s Island Ecological Protection Legislation

The island is the important part of the national territory, it has a great deal of influence to the state, social, political and economic, it has an important role in the development of social economy sustained and healthy. Based on this, many foreign countries have attached great importance to the island of legislation, on island protection and management laws and regulations.December26,2009,China has promulgated and implemented the "Island Protection Law",this indicates that China adjust areas of the island environment specifically law has been born.Currently, there are many laws and regulations of island ecology protecting,but few laws really aimed at island ecological protection especially in front of "Island Protection Law" enacted, china’s use of a "one size fits all" approach to managing the work of the island,not consider the island’s own situation. The china’s present legal system of environmental protection is gradually improving, but the special protection of the island environment law is still not enough. In the legal system, right on the uninhabited islands of the problem is not as clearly defined, only do clear ownership, make clear responsibility, right and interests, to achieve the purpose of environmental protection. On the island management,many departments have administrative rights, increase the cost of island management, reduced the efficiency.The island plan is not reasonable,type of planning on the island residents and non-residents plan did not make classification, only confirmed principles classification to protect the island planning, there is no specific provisions in the classification standards, even the planning period and change procedures are not provided for.On the management system,the management in our country is the unified management and division and combining hierarchical management model, have no independent management department in the management of island residents, the island management institutions overlap and management functions of the cross phenomenon be produced.On the legal responsibility,some compulsory requirements of island ecological legislation in our country, because the lack of appropriate accountability mechanisms to protect appear blank responsibility, it is difficult to achieve the purpose of system design, there are problems in higher compliance costs are high and low cost illegal law enforcement cost. We should learn from foreign legislative experience of the island, mainly improving from the legislation system, with the idea of the scientific concept of development and ecological civilization as the guiding ideology, improve our legal system to protect the island. On the legal system, define the island use rights and ownership and make the island a scientific development planning. In the management system, there should set up a special agency management residents of the island and permissions clear division of the island authorities. On island protection responsibility legislation, island responsibility system and responsibility mechanism etc.