Research On Yangtze River Species Protection Legislation

The Yangtze River is not only the "golden waterway" for China's economic development,but also an important fishery production area in China.It is called "the cradle of freshwater fisheries" and its output accounts for more than 60% of the national freshwater fish catch.In addition,the Yangtze River is also known as the treasure house of fish resources,the natural paradise of rare and precious aquatic wild animals,and its biodiversity is rare in other rivers in the world.These endemic species have important scientific research value and ecological value.At present,the biodiversity of the Yangtze River Basin has been sharply reduced,and most of the rare and rare species are on the verge of extinction.The Yangtze River finless porpoise,the white porpoise,the white-fin porpoise and the four major fish are all in endangered state and even have been functionally extinct.Strengthening the protection of species in the Yangtze River is imperative.However,the lack of legal norms concerning the protection of species in the Yangtze River,the backward legislative concept,the imperfect legal system,the lack of pertinence,and the chaotic management system all severely restrict the effectiveness of the Yangtze River species protection.Therefore,the Yangtze River species protection special legislation has its necessity and urgency.In addition to the introduction,the article consists of four parts.The first part is the crisis of the Yangtze River species and its protection basis.At present,the speed and extent of endangered species in the Yangtze River are increasing,and the causes of endangerment are special: the wading project is the culprit,the cold fishing is an accomplice,and the overall protection situation is severe,so it is necessary to protect it at the legal level.At the same time,it further analyzes the legal protection basis of the Yangtze River species,and conducts relevant discussions from both theoretical and practical levels.The second part is the analysis of the status quo and problems of the Yangtze River species protection legislation.From the central and local levels,the current laws,regulations and normative documents are sorted out.It is concluded that the current Yangtze River species insurance mainly has the following problems: the lack of ecological security concept for the legislative purpose,the special nature of the Yangtze River species protection,and the related important legal system.The design is not targeted and the regulatory system is not coordinated.The analysis of the problem provides a powerful impetus for the development of the Yangtze River species protection legislation.The third part is the foreign legal provisions and evaluations related to species protection.The United States has a highly integrated and coordinated legal norm for the protection of endangered species,and its Endangered Species Protection Act is a good legislative model for reference.Advanced legislative concepts and listing systems,habitat protection systems,and coordinated and unified regulatory systems are worth learning from;Australia's market-oriented operating mechanism is an effective means of participating in species conservation.China can also learn from it;The assessment of the endangered species of Canadian species and the establishment and implementation of the species restoration plan,as well as the establishment of law enforcement agencies with clear division of labor,also provide a path for thinking on the special legislation for the protection of species in the Yangtze River in China.The fourth part is the perfect proposal for the Yangtze River species protection legislation.In terms of the choice of legislative form,the unified legislative form of the basin is adopted,and the special chapter content is set in the legal norms of the Yangtze River Protection Law.According to the characteristics of the Yangtze River species,a targeted protection system is designed and special legal norms are formulated;In terms of the regulatory system,a management system with unified management and vertical leadership of the Yangtze River Basin Species Protection Committee,the Yangtze River Basin Species Protection Administration and various sub-bureaus as specific management organs shall be set up;In terms of the design of relevant important legal systems,it is recommended to set up a species rating system,a species immediate assessment and restoration plan development system,a combination of fishing permits and payment guarantees,a fishing quota transfer system,an ecological dispatch system for the purpose of species protection,and a negative wading project.List system;In terms of setting legal responsibilities,we attach importance to the application of restorative legal responsibilities and increase relevant penalties.