Research On Legal Issues Of Wetland Protection In China

Wetland is the "cradle of life",which has important ecological,economic and social value and has irreplaceable ecological status in China.However,the quality and quantity of China's wetlands have both declined seriously.Therefore,it is urgent to strengthen the protection of wetlands by taking the legal route when the necessity and urgency of wetland protection are prominent.The first chapter of this paper mainly discusses the importance of wetland protection,and discusses the connotation and extension of the legal concept of wetland from the aspects of wetland elements and wetland types at home and abroad.The ecological function and economic and social function of wetland demonstrate the necessity of wetland protection.Two comparisons of the results of the national survey of wetland resources show that the urgency of wetland protection and the root causes of massive encroachment and destruction of wetlands caused by excavation are demonstrated as follows: Lack of legislation at the national level,weak public awareness and inadequate legal protection of wetlands.The second chapter focuses on the wetland legal protection mode and related legal system,which summarizes the current wetland protection mode from the perspective of "classification,classification and zoning".The current management mode and other protection systems,including wetland ecological water replenishment,wetland occupation compensation,wetland environmental impact assessment and wetland ecological compensation,were summarized and summarized to explore the current situation and find out the existing problems.In China,the current legal protection of wetlands is mainly reflected in the following aspects: firstly,the imperfect legal system,the lack of specialized legislation and the imperfect legal protection.Secondly,the legal concept of wetland is uncertain,which leads to the confusion of wetland protection scope,the lack of management system and the unsound coordination mechanism.In addition,the legal system of wetland protection is lack of operability and excessive legal liability.On the basis of understanding the wetland protection legislation and relevant supporting legal systems outside the region,the useful experience provided by chapter3 and chapter 4 provides corresponding suggestions for improving the legal protection of China's wetlands from the perspective of comparative law: The most fundamental is to formulate the wetland protection law or wetland protection regulations.At the same time,the existing laws and policies related to wetland protection and utilization are systematically evaluated and liquidated to build a complete wetland legislation system.In terms of the concept of wetland,the concept of wetland law with the connotation and extension of both management and ecological elements was proposed.In terms of wetland management system,it is proposed to build a wetland protection agency with coordinating function to be responsible for wetland protection as a whole.At the same time,the public participation and the participation of environmentalNGOS should be strengthened to build a multi-governance wetland management model.In the aspect of wetland legal system,the specific provisions such as the subject and object of the system are detailed and the relevant supporting legal responsibilities are improved.Finally,in the part of legal liability,civil liability provisions are strengthened,the application of "punishment principle" and suggestions on improving judicial relief of public interest litigation are put forward,thus establishing a long-term mechanism for legal protection of wetlands.