The Initial Analysis On Grassland Protection Legal System And Its Perfection In Our Country

Grassland is the essential element of ecological environment, the substantialbasis for mankind to live and evolve, and the natural resource facing severe crisis. Atpresent, the environment for grassland resources take a turn for the worse. Besides,deterioration, desertification and alkalization have also taken place, which means thatprotection work is extremely urgent. Laws for effective protection, standardconstruction, and utilization are of great significance.The legislation on grassland protection is not perfect that many appointedregulations appears in Grassland Law terms and many contents need to be identifiedthrough administrative regulations, local decrees and technical standards because ofits uncertainty. The connection between Grassland Law and Criminal law is notcohesive, resulting in the indirect use in grassland criminal behavior. There are somecontents overlapped and adjustments among Grassland Law, Land Management Lawand Forest Law, and many departments are involved in grassland managing that leadsto the poor efficiency and unclear liability. The single property structure and the falsedisposition of property are bound to excessive development of grassland resource,deterioration of grassland ecological environment and the risk of short-sighted ongrassland, all these are to the disadvantages of long term protection. The defects inlegal liability of grassland weakens the protection power on grassland, lightens thepunishment on illegal behavior, and is not conducive to ecological recovery.In the aspect of administration and law enforcement in grassland, due to theunsound law enforcement basis, imperfect system, backward awareness and thelagging supervision mechanism, the administration and law enforcement are notpowerful and the illegal behaviors in grassland are rampant.The grassland juridical protection also faces serious challenges. In criminalaspects, the criminal act of destructing grassland is still severe. In administrativeproceeding, the withdraw of specific administrative act caused by irregular lawenforcement has damaged the credibility of state organ in China to some extent. In civil aspects, because of grassland boundary issues and irregular contract behaviors,the hearing of civil cases become even more difficult and the social contradictions aremore fierce.In order to improve the current situation of our grassland protection system, weneed to establish a comprehensive natural resources law in the aspect of legislation, toperfect basic legislation of grassland protection system, practice the balance systembetween grassland and livestock rearing, explore the new type of grassland resourceproperty and rotating system, and improve and perfect our legal system for grasslandprotection. Meanwhile we ought to enhance the administration and law enforcementof grassland protection system, to improve the juridical practice for the enforcementof grassland protection law.