| Tibet is an important national homeland security and ecological security barrier,and an important ecological environment area that China should attach great importance to.The ecological environment in Tibet has such a significant strategic position for the whole country and even the whole world.Therefore,to protect the ecology of the Qinghai-Tibet plateau is the biggest contribution to the survival and development of the Chinese nation,and it is also an important contribution to the protection of the global ecological environment.Due to the unique "high altitude,dry,cold" and other natural factors on the Qinghai-Tibet plateau,the ecological environment is quite fragile,and it is extremely difficult for the ecosystem to recover once it is destroyed,which makes the utilization and sustainable development of natural resources on the Qinghai-Tibet plateau face a severe test.Although at present,Tibet has made good achievements in the protection of the ecological environment,it has also made good use of the ecological environment to boost the economic benefits of Tibet and improve the living standard of the people.However,due to the impact of ecological fragility and other factors,the ecological environment construction in Tibet is also facing problems,which require the government departments concerned and relevant levels to pay close attention to.The long-term maintenance of a good ecological environment in Tibet is attributed to a series of factors,such as the environmental characteristics of a large area with few people,people’s inner moral constraints,the love and protection purposes of natural creatures in Buddhism and other religions,and the restrictions on ecological environment protection in the customary law in Tibet.However,with the acceleration of economy,the rapid development and increase of material benefits are bound to bring about certain impact and disintegration.So,it is necessary for us in the Tibetan region based on humanism,environment and historical conditions,to explore and establish a suitable for Tibet area ecological environment protection policies and laws,especially the destruction before protection of the ecological compensation legal mechanisms,from the aspects of legal system to have the effect of rigid constraints,so as to promote the benign development of the ecological environment.At present,China has not set up a special law on ecological compensation for the protection of ecological environment,and relevant provisions on compensation for damages after environmental damage are mainly scattered in some laws,regulations and normative documents related to natural resources and environmental protection.The reasons are as follows: 1.Due to the vast territory of China,the geographical and topographic conditions involved in the territory of China vary greatly andthe nationalities are diverse,and the consciousness of each region in the utilization of ecological environment is also different.The mode of production work varies with the climate,and its effect on the environment is also different.Therefore,in all parts of the country,local governments at all levels will specify compensation policies according to their own ecological conditions and conditions.2.The national level,although various departments from forestry,environmental protection,agriculture,water conservancy,the division of fiscal and other categories,within the scope of their functions and powers to carry out the different form of ecological compensation practices,but the lack of policy coordination between departments and the planning of the unified deployment,nor at the national level to form a unified departments of all regions of ecological compensation system.3.There are few targets,scope,standards and methods of ecological compensation mainly based on policy documents.Currently,there are only a few participants in ecological compensation.4.The local government for ecological compensation funds may come from the country and each related department’s support,but due to fewer cases involved,the impact is not big,the problem is not serious,so the use of compensation funds without detailed regulation,to specific ecological protection and compensation to achieve effect does not demand,lack of compensation funds evaluation mechanism and supervision mechanism of ecological protection,there isno limit to the measures of rewards and punishment incentive and responsibility.Therefore,the ecological protection effect that the government’s compensation funds want to achieve is not obvious.5.At present,in the face of environmental damage cases,the main legal basis for dealing with ecological environment damage is the interpretation of several issues concerning the application of law in the trial of environmental civil public interest litigation cases,and other legal provisions,which mention that environmental public interest litigation can be brought against ACTS that pollute the environment or destroy the ecology.However,if the level of public interest litigation indicates that the degree of environmental damage has reached the public can not bear the point,must have caused a greater economic loss.When the damaged environment cannot be restored to its original state,alternative restoration methods can also be adopted.However,this legislative status quo cannot meet the requirements of sustainable development of environmental resources in the new situation.Therefore,the establishment of pre-defense ecological and environmental compensation is more in line with the current trend of global and China’s sustainable development,and more able to meet the actual needs of ecological protection.The purpose of this paper is to study the ecological environmental protection measures in Tibet,focus on the ecological compensation system,and try to put forward some Suggestions from theperspective of legal protection. |
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