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Construction Of Legal System Of China's Ecological Environment Restoration Fund

Posted on:2020-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2381330572498661Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As one of the important means to protect the environment,ecological environment restoration plays an important role in protecting the ecological environment and the health of the people.Due to the deteriorating ecological environment in China,the rapid development of ecological environment restoration is very important for environmental protection.However,with the implementation of the restoration work,many shortcomings in the repair process have become increasingly prominent,and the most urgent problem to be solved is repairing funds.Only adequate funds and a system can guarantee the smooth development of the repair work.Due to the lack of national legal system,the existing repair funds in our country have resulted in different practices.Based on this,this paper uses comparative analysis methods,empirical analysis methods and other research methods to summarize the problems of the existence of repair funds: First,The inadequacy of funds caused the ecological restoration work to be difficult to sustain.The ecological environment restoration project requires a large amount of funds and a long period of time.However,the existing sources of remediation funds in China mainly rely on government financial expenditures and environmental public interest litigation to repair costs.The source of funds is single,and the input of social capital is lacking,and the forces of all sectors of society are not fully mobilized.Second,the lack of the system has led to a significant reduction in the efficiency and management of the restoration of the ecological environment.The existing ecological environment restoration funds have different management subjects,such as,unclear use procedures,and unclear function positioning,which makes it difficult to maximize the benefits with the limited funds.Third,the lack of supervision has led to the opaque state of the operation of ecological restoration funds.As a kind of public welfare fund,the ecological environment restoration fund should play the essential attribute of serving the public.The lack of public power supervision will inevitably lead to the difficulty of long-term effective operation of funds.Developed countries have experienced a long period of industrialization and have relatively mature fund management systems.They have more fund raising channels,specific legal provisions,and efficient supervision models.These experiences have established and operated fund supervision systems in China.It is positive.In view of this,the author combines the status quo and practice status of domestic remediation funds,from the theoretical basis and legislative ideas of the restoration fund legal system,puts forward the fund legal system for the reconstruction of ecological environment,and further explores the specific system of fund supervision and legal responsibility for the establishment of the restoration fund.There are five parts in this paper.The first part introduces the background of the topic and the research status at home and abroad.The second part introduces a brief description of the ecological environment restoration fund.The concept of the restoration fund was standardized and explained.The function of the restoration fund was introduced.By distinguishing the similarities and differences between ecological restoration and ecological restoration,ecological restoration and ecological restoration,the orientation of China's restoration fund was clarified.The third part explains the necessity and feasibility of establishing the legal system of China's restoration fund.A detailed analysis of the necessity and feasibility of the establishment is carried out,that is,the repair is difficult,the repair funds are short,and the repair funds are not well regulated.The fourth part: through the introduction and analysis of the legal system of the United States,Canada and the United Nations related environmental remediation fund,to sort out the experience of establishing an ecological environment restoration fund system suitable for China's national conditions.The fifth part is based on the existing research results in China,the author puts forward relevant suggestions for constructing the legal system of the restoration fund,clarifies the theoretical basis of the fund system,determines the basic ideas for constructing the fund system,and establishes the specific management system and responsibility system of the fund.
Keywords/Search Tags:ecological environment, public interest litigation, restoration fund
PDF Full Text Request
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