Study On Legal Problems Of River Wetland Protection In China

River wetland is an irreplaceable position in water conservation,flood control and storage,river navigation and other aspects,so it enjoys the reputation of "natural gate","species treasure house" and so on.Due to the wanton destruction of human beings and lack of relevant legal systems for protection,the ecological environment of river wetland has been seriously damaged.With the increasing emphasis on wetland ecological protection in China,laws and regulations such as regulations on nature reserves,environmental protection law and local wetland legislation have been issued successively,and some achievements have been made in river wetland ecological restoration.So far,the overall situation of wetland protection in China is still not optimistic.The continuous reduction of wetland area and the status quo of type wetland in the edge of the overall protection have not improved.Therefore,it is of great practical significance to fully understand the construction of wetland protection system and promote the legislation of wetland protection.In this paper,the legal issues and Countermeasures of river wetland protection are elaborated from the following five aspects:The first part is the related description of the river wetland.Through the introduction of the domestic and foreign research on the river wetland,the purpose and significance of the river wetland as the research object of this paper are expounded,which lays the theoretical foundation for the following legal issues of the river wetland protection and the relevant countermeasures.The second part is the overview of river wetland,which describes the concept,scope and legal construction process of River Wetland in detail,and distinguishes River Wetland from other types of wetlands,reflecting the key and difficult points of river wetland protection.In addition,it also elaborates the legal status of river wetland protection from three aspects of legislation,justice and law enforcement,hoping to summarize the existing legal problems through the analysis of the legal status of River Wetland in China.The third part is the legal problems existing in the protection of River Wetland in China:lack of unified wetland protection law at the national level;poor implementation of "one area one legislation" in each wetland protection area;lack of legislation on ecological protection in the Yangtze River Basin;lack of legislation on ecological compensation for River Wetland;unclear ownership of river wetland;imperfect legal responsibility;damage to river caused by administrative jurisdiction The integrity of wetland;the lack of river wetland basin procuratorial organ;the restriction of judicial power by local protectionism;the lack of awareness and capacity of environmental judicial assistance;the imperfect construction of river wetland law enforcement team;the unclear ownership of law enforcement due to too many law enforcement subjects;the difficulty of cross Administrative Region law enforcement of river wetland protection.The fourth part is the introduction of foreign advanced experience in river wetland protection.Based on the analysis of the successful experience in the protection and utilization of river wetlands from the Murray River in Australia,the Mississippi River in the United States,and the Rhine River in Germany,we can draw the Enlightenment of foreign advanced experience on the protection of river wetlands in China:pay attention to ecological balance and sustainable development of resources in the process of protection;protect in the process of utilization In the process of river wetland protection,attention should be paid to the protection of water resources,and the mechanism of river basin co management should be established.The fifth part is the legal measures of river wetland protection in China,including:enacting national wetland legislation;clarifying the ownership of river wetland;establishing and improving the river ecological compensation system;establishing special courts for key river basins;establishing comprehensive river basin procuratorial organs;constructing and improving the system of environmental legal assistance;improving the construction of river wetland law enforcement team;defining the responsibilities of law enforcement departments;establishing cross Regional environmental law enforcement and compensation mechanism.