Study On Legal Responsibility Legislation Of Ecological Red Line In China

The protection of ecological red line will help to strengthen the ecological responsibility of the government,enterprises and individuals,and maintain the ecological balance,social harmony and stability.It is necessary and can provide reference for our country to carry out ecological red line more smoothly and scientifically.The legal responsibility of ecological red line is composed of "ecological red line" and "legal responsibility".It is necessary to study the two aspects of “ecological red line” and "legal liability".This paper puts forward some ideas and measures on the basis of clarification of the concept and analysis of the problems,and to cope with the current situation and existing problems.The problem analysis and improvement measures are mainly based on the legislative purpose,the legislative form and the legislative content.For the legislative value,the relevant legislation presents the legal responsibility set does not match the implied value.Therefore,adhere to the value of sustainable development,and set an independent chapter of "destruction of environmental resources protection" may correct the imbalance of the legislative purpose of ecological red line's legal responsibility legislation in our country.For the legislative form,the relevant legislation shows a low level,the name of the legislation is not strict,nor standard.Legal responsibilities are too simple,poor operation.In this regard,developing departmental rules and regulations of specialized legislation,and gradually enhancing the rank of local special legislation,cleaning-up the current legislation is helpful to China's ecological red line's legal responsibility legislation.For the legislative content,the problems existing in the relevant legislation are manifested in the principle of lack of liability.And the principle of discretionary punishment is too large,the amount of the fine is set unreasonable,the amount of compensation is not clear.And there is no punitive liability.The legal penalty rank is less than normal,the legal punishment of the highest sentence configuration is low and so on.Therefore,no fault liability should be established as one of the principles of imputation.Refining and quantifying the specific standards of discretionary punishment,raising the amount of fines,increasing the amount of compensation,allowing compensation for mental damages,allowing supplementary punitive liability are necessary.Increasing the term of imprisonment,supplementing the form of non-penalty liability and other measures and methods will improve the legislation of legal responsibility in the legislative content of ecological red line.This paper focuses on the legislation of ecological red line's legal responsibility,to find out the existing problems,put forward solutions,which will help to improve China's ecological red line system,improve relevant theory of the system,smooth the implementation of practical activities,so as to serve our country's ecological civilization construction.