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Research On The Legislative Issues Of Ecological Environmental Protection In Western China

Posted on:2017-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:C F YangFull Text:PDF
GTID:2271330482493751Subject:Environmental law
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The western region has a vast territory,rich in natural resources and biodiversity,and it is an important ecological barrier in China.However,due to a variety of reasons,such as complex natural and geographical conditions,resulting in the entire western region the ecosystem is very fragile,formed its own unique characteristics,which mainly manifested as land degradation,seriously desertification;uneven spatial and temporal distribution of water resources;low vegetation coverage;serious soil erosion and frequent natural disasters;reduction of biodiversity;serious environment pollution and so on.The fragile ecological environment and the urgent desire for development in the western region have formed a prominent contradiction.The cost of sacrificing the ecological environment in exchange for economic development signs are everywhere.It is imperative to protect the ecological environment in the western region.Since the western region ecological environment have a major impact on the country will,therefore,improve and protect the ecological environment in the western region is not only the responsibility and obligation of the western provinces,but also need nation from a macro point of view to take actions, and other areas also need to actively participate in the protection action.Currently, the legislation of ecological environmental protection in the western region has initially formed a system,that the Constitution as a guide, environmental comprehensive law as the center,with single law as the important contents,a large number of the national administrative regulations,departmental rules and regulations as the auxiliary.Only in central level,China has enacted more than 30 laws,more than90 administrative regulations,and nearly 1500 national environmental standards to protect the ecological environment. In accordance with laws,regulations and the actual situation,the western provinces develop a large number of local laws and regulations on environmental protection.It has made some achievements in quality and quantity.The western regional legislation on environmental protection were created precedent in many aspects of local legislation. China’s first local river basin water management regulations, the first local wetland protection regulations, the firstlocal environmental education regulations were from the western regional.However,despite the efforts of all levels,ecological and environmental protection legislation in the western region still exist deficiencies.The system is not perfect, some ecological and environmental protection issues not included in the temporary adjustment range of laws and regulations or local laws and regulations,some problems which much-needed legislation not timely responsed.Other than legislative gaps and omissions,imperfection of the legislation system in the western region is also in the existing legislation on the uncoordinated,as one order of provisions of law regarding the same matter was different,which will lead in the implementation process unable to clarify responsibilities.Meanwhile,since the legislation did not fully consider the integrity of the ecological environment,so a lack of harmonization appeared.The problems that the western region shared, because of without contact during the process of legislation, leading to the eventual effect is incompatible with the expected.Coupled with poor legislativetechnology, local legislation is only to repeat the central legislation,so the local legislation are lack of pertinence,operability is poor.All sorts of reasons caused the western region ecological environment protection legislation is not perfect.But mainly due to the lack of awareness of the importance of ecological environment,not correctly handle the relationship between economic development and ecological protection. "Environmental Protection Law" as a comprehensive environmental protection in China,it has no place in it should be.It makes many provisions can not be realized,affected its should happen in the protection of ecological environment in western regions.For a long time,the western region in the underdeveloped state,economic and social development is lagging behind,and people’s legal awareness is relatively weak.These also led to insufficient in ecological environment protection legislation in the western region.Faced with enormous economic development pressure,so the western region was only concerned about the economic benefits,ignored sustainable development,all with GDP as the center,aggravated the insufficient of environmental protection legislation.Sustainable development is the mainstream in the world,only by adhering to the strategy of sustainable development,sustain steady and fairly rapid economicdevelopment and maintain social harmony and stability.So in order to achieve sustainable development in the western region,improving the ecological environment,it is necessary to accelerate the improvement of ecological environment protection in west China legislative system.Perfecting the legislation of ecological environmental protection in the western region must adhere to sustainable development as the guiding ideology and the principles set by "The Environmental Protection Law". Correctly handle the relationship between the legal hierarchy,emphasising on integrity,strengthening regional cooperation,stressing local features and enhancing legislative operability are also the way to perfect the legislation of ecological environmental protection in the western region.Only by established a perfect system of ecological environmental protection legislation,better legal safeguards provided in order to achieve sustainable development for the western region.
Keywords/Search Tags:The Western Region, Ecological Environment, Legislation, Sustainable Development
PDF Full Text Request
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