Study On The Construction Of The Legal System Of Ecological Protection Red Line

At present,with the continuous expansion of industrialization and urbanization and rapid social and economic development,China is facing more prominent ecological and environmental problems.Although efforts to protect the ecological environment have been intensified in recent years,a variety of ecological and environmental problems still exist,with no obvious improvement or even a worsening trend.In terms of the current ecological situation,not only the living conditions of the public are affected,but also the sustainable development of the country is greatly restricted.In view of the seriousness of the ecological and environmental situation,the newly revised environmental protection law of the People's Republic of China has for the first time incorporated the red line of ecological protection into its legal provisions,affirming its legal status.Several opinions on the delimitation and strict observance of red lines for ecological protection clearly stipulate that the delimitation of red lines for national ecological protection shall be completed in an all-round way and a red line system for ecological protection shall be basically established by the end of 2020.At present,when the system is being explored,it needs to be specifically constructed in legislation,administration,judicature and other aspects,so as to form a set of scientific legal system of ecological protection red line.From the perspective of the legislation status of the legal system of red line for ecological protection in China,the legislation at the national level mainly includes two normative documents,namely,the environmental protection law of the People's Republic of China,several opinions on the delimitation and strict observance of the red line for ecological protection,and the guide to the delimitation of the red line for ecological protection.Local legislation involves a large number of local regulations and local government regulations.At the present stage,the problems in the legal system of red line for ecological protection in China mainly include the imperfect legal system,the imperfect management system,the unreasonable regional setting of red line,the insufficient degree of public participation and the imperfect environmental public interest litigation system.On a global scale,some developed countries and regions on the ecological environment protection has accumulated a large number of legislative and judicial experience,such as the European Union,Australia,the United States,Canada,UK,etc.,these countries can be found in the system of ecological environment protection of the ecological protection of the shadow of the red line,is worth to study and draw lessons from in our country,including the ecological network system,the Australian protected area construction management system,the United States and Canadian national park management system and British system of nature reserves,etc.Before establishing the legal system of the red line of ecological protection in China,it is necessary to clarify the basic principles that the legal system of the red line of ecological protection should follow,including the principle of giving priority to development in protection,the principle of paying equal attention to prevention and governance,the principle of scientific planning and reasonable distribution,and the principle of liability for damage.Specifically,in the process of building the legal system of red line for ecological protection,it is necessary to build a sound legal system of red line for ecological protection,establish and improve the management system of red line for ecological protection,scientifically set up the area of red line for ecological protection,improve the level of public participation,and optimize the environmental public interest litigation system.