Research On The Legislation Of Red Line Of Ecological Protection In China

Since China began to determine the Reform and Opening up policy for decades,China has achieved remarkable achievements in all aspects,especially in economic construction.However,behind the development is at the expense of the ecological environment.In order to vigorously develop social and economic construction,our country's natural ecological environment has suffered more and more serious problems,and even threatened the normal production and life of the public.In order to ensure the harmonious development of China's social and economic construction and the natural ecological environment,it is necessary to improve people's awareness of the protection of natural ecological environment through law.At the beginning of the new year in 2015,the new environmental protection law came into being.For the first time,China formally and explicitly stipulated the legislative provisions on the red line of ecological protection,which is of great significance for protecting the natural ecological environment and building a powerful country with ecological civilization.At present,although this system has been in operation for more than four years in China,it is still in the pilot stage,and many provinces and cities have not yet been demarcated,and there are many practical problems in the cities that have been delimited.Because this regulation is too general,it simply expresses the strong desire of the state to protect the red line.The specific supporting measures for the protection of the red line lack detailed regulations.Therefore,it is necessary to improve the implementation path of the regulation through legislation.The article discusses this issue.The article first differentiates the concept of the red line.The earliest red line is often used in urban planning to serve as a reminder and warning.And introduce the theoretical basis of the red line of ecological protection,including economics,environmental law and ecological basis,this chapter describes the main body of the article.Then the article draws lessons from the practices of foreign developed countries and finds out the legislative experience and reference value of the system related to the red line of ecological protection in China.Most of the overseas experiences are related to the system of protected areas,including issuing special laws and regulations to regulate management;listening to the interests of relevant people;diversified management model and so on.After that the article introduces the current condition of the central government and local government of the red line.The central government mainly includes the national legislation,the documents of the Party's group meetings,and the guidance issued jointly by the central ministries and commissions.The local governments mainly have local people's congresses,their standing committees,and government have adopted legal normative documents.From the status quo,the problems in the "red line" legislation are mainly due to the lack of special supporting regulations that govern the whole country and the low level of effectiveness of published documents;lack of public participation in the process of demarcation and implementation;lack of supervision across administrative divisions Red line;the compensation system of the red line and the accountability for breaking the red line.After arranging the status quo of China's legislation,this paper analyzes the legislative problems existing in the red line system,and finally puts forward corresponding legislative proposals on these issues,such as formulating special laws to coordinate the smooth implementation of the red line.The specific supporting contents include: for the public participation provides a comprehensive path of implementation;setting up a scientific regulatory red line across administrative divisions;improves the compensation system for ecological red lines;clearly define the party responsible for the breach of the red line and its specific civil,administrative or criminal liability.