Research On The Legal Problems About Implementations Of Grazing Prohibition

Since the start of implementation of grazing prohibition in 2003,the condition of pasture restores to the best level since the year of 1980 by the end of 2016 in Inner Mongolia Autonomous Region.Our country is still committed to grassland ecological restoration and administration at the present stage and has introduced relevant policies to encourage the implementation of the policies contributing to the ecological restoration.The main objective of these relevant policies is to improve grassland environment by reducing the impact of human development effecting on grassland.The institution of grazing prohibition is the one which shows the highest level of restriction on human development,for which some problems was exposed in the process of implementation of grazing prohibition,such as the lack of specific legal basis and the legislative blanks,the gap between the desired performance and the real process of implementation,the risks of social instability which is the result of the problems brought by banning grazing including employment and immigration issue and others,excessively strong planning of grazing prohibition which is too rigescent to be workable in specific regions,etc.Grazing prohibition has the properties of preliminary expropriation.It is able to apply the basic principle of expropriation theory,which can be used to investigate the policy in reality as well,to policy design and procedure betterment.This paper takes Xilingol League as an example,which is one of the important implementing areas for banning grazing,and suggests that grazing prohibition could be improved in the following several aspects.Firstly,the relevant normative documents regulating grazing prohibition exclusively should be introduced by the State Council to fill the legislative blanks.Secondly,the betterment of relevant supporting policies focusing on the placement and reemployment of herdsman and other problems should be done.Thirdly,the compensation issues in banning grazing can be improved by adopting dual track system in starting procedure and synchronous compensation.