| With the rapid development of the economy,our ecological environment is seriously destroyed,environmental pollution is grim,especially air pollution,water pollution and soil pollution.In addition,with the biological diversity,desertification,natural disasters,ecological crisis and environmental problems have affected the sustainable development of social economy.In recent years,a series of environmental protection laws and regulations have been legislated,to consolidate the basic legal security system for the ecological civilization construction.However,the composition of the system,principle and the system construction is still incomplete with some defects and problems unaddressed.The achievements of ecological civilization are not obvious,and we have to innovate the law protection system,regulations and principles according to the concept of ecological civilization and practical needs,and provide a legal protection for ecological civilization.Ministry of Environmental Protection in early 2014 issued a "national ecological protection red line-ecological functional baseline delineation technical guidelines(for trial)",(hereinafter referred to as the "guide").The "guide" signifies that the Ministry of Environmental Protection would carry out a comprehensive delineation of ecological protection of the red line,which embodies a practice orientation of the Ministry of Environmental Protection for promoting the main functional area planning,implementing the most stringent source protection system,and reforming the ecological and environmental protection management system.On January 1,2015,"the People's Republic of China Environmental Protection Law(Amendment)" formally implemented.The Law pointed out that the whole nation will mark the ecological protection red line in the key ecological function area,ecological environment sensitive areas and fragile areas,and the implementation of this strict protection.This means the red line system of ecological protection was firstly confirmed in terms of legislation.However,the ecological protection red line system as China's environmental protection system innovation,which is not practical,needs some relevant legal support mechanisms to make it truly landed and implemented.However,the current ecological red line in the field of institutional security research is still at the beginning stage,and still need to be further enriched and perfected.On the basis of clarifying the concept and connotation of ecological red line,this paper analyzes the problem of restricting the implementation of red line of ecological protection and explores the improvement of system,tending to provide suggestions for the effective landing of the system.This paper adopts the methods of interpretation,literature research,system analysis and case analysis.The first part is to elaborate the basic theory of ecological protection red line;secondly,the legal needs of ecological protection red line systematically discussed;again,the current ecological protection of the red line of legal protection mechanism to do the actual analysis;finally,sum-up the ecological protection of red line law,and the improvement of the guarantee mechanism.By studying the existing problems and shortcomings of the red line protection mechanism of ecological protection,we should study the legal protection of the ecological protection red line and hope to provide the systematic suggestions for implementing the ecological protection red line system in practice.The innovation of this paper lies in: firstly,discussing the relationship between the ecological protection red line system and the construction of ecological civilization in our country,analyzing the importance of the ecological protection red line system to the ecological protection,which is the less part of the current research;based on the People's Republic of China Environmental Protection Law(Amendment)on the ecological protection of the red line of the legal provisions,discussing the meaning and the responsibility of the red line.The theoretical significance of this paper is: first,to clarify the connotation and value of the red line of ecological protection,and lay a solid theoretical foundation for the legalization of the red line of ecological protection;second,to analyze the theoretical basis of ecological protection red line,study the inherent relationship between the ecological protection red line and the concept of " the People's Republic of China Environmental Protection Law(Amendment)",and make the ecological protection red line system and organic integration of our socialist ecological civilization system.The practical significance of this paper is to clarify the concept and connotation of the ecological red line,analyze and restrict the implementation of the red line of ecological protection,and explore the system perfection,and provide suggestions for the effective landing of the system. |
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