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Perfection Of Legal System Of Wetland Ecological Resources Protection In China

Posted on:2017-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2270330503484508Subject:Law
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China’s wetlands have been seriously damaged, the area has a sharp reduction. The reason is that China’s wetland protection legal system is far from perfect. This paper mainly focuses on the legal system of China’s wetland protection, aims to give suggestions, which put forward the protection of China’s wetlands.China already has a large number of wetland protection laws; the author chooses 60 laws as object of study. Through analysis, it is found that China’s wetland protection legal system exists the following deficiency:(1) the definition of wetlands is unscientific;(2) on a national level, lack of the law that protect wetland specially;(3) in the local legislation,the law is confused, low quality and uneven;(4) the wetland protection and management system has faultiness, management authority overlapping, authorities is ‘false’;(5) wetland protection laws’ legislative purpose isn’t appropriate, and the related protection system is not perfect.‘Seek input from your opposites.’ To solve the existing problems existing in the legal system of wetland protection, it is necessary to adopt the experience from other national legislations. Therefore, the author focuses on the United States of America’s wetland bank system, South Korea’s coastal wetlands protection legal system and the relevant system of the United Kingdom etc. On the basis of literature research, comprehensive utilization of the research results of wetland protection legal system in China and other nations, the author has made a preliminary study on how to improve the legal system of wetland protection in China :(1) to scientific definition of the concept of wetlands, give the laws clear jurisdiction;(2) summarize the experience of wetland protection legislation, and enact legislation on the country level;(3) improve the wetland conservation and management system, variable the ‘comprehensive coordination and sectional implementation’ for‘centralized implementation and authorities’ regulators’;(4) set the appropriate wetland protection laws’ legislative purpose, make it more properly, comprehensive and conform tothe standard;(5) to improve the relevant wetland protection system, which makes the wetland protection policies to be implemented.This paper has the following innovations: First, the legal concept of wetland is proposed, and the object of wetland protection law is defined. Second, according to the wetland protection legal system defects, point out that the damage of wetland should be divided into the wetland pollution and destruction of wetland resources, corresponding,should draft wetland pollution prevention law and wetland management law. Third, put forward the centralized implementation and supervision of the environmental protection department management system. Fourth, given the legislative purpose clause, as a legislative reference. Fifth, the wetland protection system is studied in detail. Such as wet land ownership system, points out its importance, is the basis for the implementation of other protection system; referring to the research achievements of environmental administrative licensing, perfect the system of wetland utilization permission. Wetland ecological compensation system and the damage compensation system is analyzed, pointed out that they cannot be confused. The author agrees with the wetland’s dynamic protection,put forward the methods to perfect balance system of requisition-compensation, namely the introducing market mechanism, in order to use the market’s technology and capital to promote the protection of wetland.
Keywords/Search Tags:wetland protection legal system, wetland ecological compensation system, requisition-compensation balance system
PDF Full Text Request
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