Research On The Legalization Of Ecological Environmental Protection In Pastoral Areas Of The Tibet Autonomous Region

The goal of "beautiful China" ecological civilization construction was first written into the political report at the 18 th National Congress of the Party,and the strategic position of ecological civilization construction was further highlighted,and the CPC Central Committee incorporated it into the overall layout of "Five Ones",which created a new situation in the construction of socialist ecological civilization in China.The report of the 19 th National Congress states that "active participation in global environmental governance" and "contribution to global ecological security".For a long time,the ecological destruction of local pastoral areas in Tibet has been very prominent,resulting in a series of ecological environment problems,which have seriously affected the natural and human environment of pastoral areas in China.Natural and man-made destruction,resulting in the change of the county and even the region's ecological environment is deteriorating,land desertification,high alkali content phenomenon is more serious.Based on the lag of economic development in this area and the lack of awareness of the ecological environment of the reform county to protect pastoral areas,the task of solving this problem has a long way to go.Due to the differences in geographical environment and natural resources,local legislation has not kept pace with the times,law enforcement supervision is not strong,the distribution of duties is unclear,the judicial application is not uniform and other factors,the ecological protection prevention and control work in this area is hindered.The establishment of a complete set of scientific ecological and environmental protection system for the rule of law pastoral areas is of great significance for protecting the ecological safety barrier,developing the economy of economy and establishing a diversified ecological compensation mechanism.This paper first investigates the basic situation of the reform of pastoral areas in Tibet and the current situation of ecological environment destruction in the reformed counties,and then analyzes the problems of legal regulation in pastoral areas in Tibet,and further analyzes them from the perspective of legislation,law enforcement and justice.The problems of the rule of law in the ecological environment of Tibet pastoral areas are as follows:rough legislation,loopholes,lags,contradictions,lack of procedures,etc.,uneven teams in law enforcement,uneven distribution of work sites,low sensitivity of consciousness,weak work intensity,lax means of punishment,etc.,the judicial loopholes are obviously restricted by the application of the law.On the basis of drawing on the legislative model of European countries and the construction of the adaptive system of the United States,the author,under the principle of ensuring the application of the rule of law in the ecological environment,refines the relatively mature concrete practices according to legislation,law enforcement and judicial access: the formulation of separate regulations in civil law to determine the compensation system;Strict law enforcement,promote institutional reform,build a vertical law enforcement system,establish high-quality law enforcement team,and constantly improve the pastoral ecological environment law enforcement mechanism.The promotion of guiding cases and the types of cases in the administration of justice to make a unified explanation and judicial application of difficulties to do a unified analysis,and finally,under the requirements of the diversified governance system,also put forward the management of pastoral areas,wildlife management,grazing reform and other aspects of comprehensive improvement.