| Establishment of nature reserves is the inevitable product of the development of human society and civilization, and the highest form of nature protection of human society. After a hundred years of development, the proportion of nature reserves of total land area is an important symbol to measure a country's level of civilization and progress. Although China's nature reserves started late, after half a century of exploration and development, thriving nature reserves play an indispensable role in conservation and research of natural environment, natural resources and species in China. In order to strengthen the construction and management of nature reserves in China, the legislative work of nature reserve has been perfected gradually. However, the legislation for nature reserves obviously lags behind its construction speed, which results in the prominence of nature reserve's management issue and serious impacts on realization of goals established by nature reserves in China.Authorized by Shanghai Municipal People's Government, Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon has been included in the List of Wetlands of International Importance as a special area regarding Chinese sturgeon and its natural ecological environment as the main object of protection and irreplaceable in species conservation, water ecology protection, biodiversity conservation, environmental restoration and scientific research. To strengthen the management of Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon and to protect Chinese sturgeon and their natural ecological environment, Shanghai Municipal People's Government issued the "Administration measures of Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon " (hereinafter referred to as " Administration Measures ") in March 15, 2005 according to relevant law and "Nature Reserve Regulations of the PRC " and so on laws and regulations, and implemented on April 15 in the same year. The implementation of "Management measures" provides a legal ground for an effective protection of Chinese sturgeon and their natural ecological environment and a legal guarantee on the construction and management of the nature reserve. "Management measures" had been Implemented for more than five years, the construction and management of the nature reserve has made remarkable achievements. However, as a regulation, "Management measures" adapted to the principle of broad rather than detailed in legislation technique and specific legislative provisions and dealed with the fuzzy form in a number of issues, which made many provisions lack of operability in the use. As a typical river-sea migratory fish, Chinese sturgeon has aquatic wild animal's typicality biologically and systematicness in protection. However, the specificity and systematism of the protection of Chinese sturgeon were not taken into account fully in "Administration measures". In addition, the nature reserve had been included in the List of Wetlands of International Importance. Due to the time, the protection's specificity of wetlands of international importance were not taken into consideration in "Administration measures". Therefore, "Administration measures" could not meet actual needs of the protection of the nature reserve. Legal system construction is an important aspect of scientific management of nature reserves. To meet the needs of development of situation, improve legal system of the nature reserve, perform the responsibility to protect Chinese sturgeon and its ecological environment more scientifically and efficiently, it is time to introduce local laws to further strengthen the legal system of management of the nature reserve. Therefore, there is important practical significance to study the management system of Nature Reserve for Chinese Sturgeon, propose relevant legal thinking, and further perfect the legal system of the nature reserve.Nine sections are included in this paper.Sectionâ… : The current status of Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon. In this section, the basic situation of Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon of biology and conservation status of Chinese sturgeon, nature and extent, ecological environment, community economic status, the current situation of management, development and evaluation of the nature reserve. Migratory habits decides that the Yangtze River estuary is the natural places of the most concentrated amount, the longest time of inhabitation, the successful completion of the physiological adjustment during the migration ofjuvenile Chinese sturgeon and the spawning aggregation. The protection of Chinese sturgeon has uniqueness, complexity, liquidity and systematicness of the protection of aquatic wildlife. Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon regards Chinese sturgeon and their natural ecological environment as the main object of protection. Located in Yangtze River estuary, a very unique location, the Nature Reserve for Chinese Sturgeon is a typical estuarine and coastal wetland. It owns rarity species and endemism of species, typicality and sensitivity of the Yangtze River Estuary aquatic ecology, importance and uniqueness of habitats, particularity, diversity of estuarine ecology and feasibility of the environment restoration. Therefore,the Nature Reserve for Chinese Sturgeon plays an irreplaceable role in some aspects such as species conservation, water ecology protection, biodiversity conservation, environmental restoration, scientific research. Sectionâ…¡: The theoretical basis of nature reserve construction and management. Basic theories closely related to construction and management of natural reserves are elaborated in this section such as sustainable development, ecological economics, restoration ecology, ecological ethics, ecosystem management and the theory of nature reserves. and guidance of the theories on the construction and management of natural reserves, especially on the legislation is analyzed. 1. Sustainable development should be served as a primary principle for construction and management of the natural reserve. 2. The Nature Reserve for Chinese Sturgeon is an interdependent system, so the legislation object should be identified as Chinese sturgeon and its estuarine ecological economic system. 3. The management mechanism of ecological economy should be established and improved. 4. Scientific research mechanism should be established, especially the comprehensive evaluation of ecological degradation and subsequent monitoring and evaluation mechanisms. 5. Management of the natural reserve should be open and human should be formed as a component of the system. 6. Indicators of construction and management of nature reserve should be scientific, operational, integrated, independent, compact and targeted.Sectionâ…¢: The status and main problems of the legal system building of the nature reserve. The status of the legal system of the nature reserve is elaborated for the background and significance of formulation, main content and implementation of "Administration Measures", and the existing problems of administration measures, characterized by weak force of law, unclear protected species and issues of land ownership, weak manipulativity, insufficient consideration in particularity and systematicness of the protection of Chinese Sturgeon and no consideration of the specificity on protection of wetlands of international importance is analyzed. Sectionâ…£: The necessity and Feasibility of legislation for nature reserve. The necessity of local laws and regulations for the nature reserve is elaborated, and the feasibility of local laws and regulations for the nature reserve from the theoretical basis, the international situation and the basis of legal system. The necessity of local laws and regulations for the nature reserve embodied in: the need of the national ecological construction and the construction of Shanghai ecological city, the need to Speed up the construction of Shanghai resource-saving and environment-friendly city, the need to protect Chinese sturgeon and Yangtze River Estuary ecological environment, and the need to meet the situation, to improve the legal system and perform the responsibility to protect. The legislation of nature reserve must abide by the basic theory of ecology. As one of the basic theories of modern environmental legislation, sustainable development theory is important to the legislation for the nature reserve. Using legal form to adjust social relations involving protection, construction, management of the nature reserve, which will better fulfill its obligations of international convention, is significant to further promote ecological environmental protection for the international metropolis Shanghai. Above all, local rules are risen to the local laws and regulations after implementation for some time, which is in line with our legislative practice. Introducing local laws and regulations is the only feasible way to solve the problems occurred in implementing the "management measures".Sectionâ…¤: The legislative practice and reference on nature reserves. The status quo of legislative practice of nature reserves at home and abroad is introduced, and the existing problems and enlightenment on formulating local laws and regulations . The following points are worth of learning from the practice of nature conservation legislation, particularly the practice and problems of local legislation in China. 1. autonomy and antecedency of local legislation of the nature reserve should be emphasized. 2. Local legislation of nature reserve should be local. 3. The enactment of local laws and regulations for Chinese sturgeon should be expedited. From the legislative practice of nature reserves in Hongkong, Taiwan and abroad, they have recognized the importance of nature reserves as a form to protect natural resources, and formulated corresponding laws to standardize the construction and management of the nature reserve. The following points are worth of learning. 1. Developing the basic law of the nature reserve to provide legislative basis and guide of legislation of the nature reserve. 2. Corresponding specific law with basic law-core for different types of nature reserve are enacted to raise pertinence and feasibility. 3. Executing special legislation for special reserves to make the legislative system of nature reserves perfect. 4. Most local legislations are enacted in the form of law, which improves effectiveness and level of local legislation and gives nature reserves higher legal status.Sectionâ…¥: The legislative practice and reference on the aquatic wildlife protection. The status quo of legislative practice of aquatic wildlife at home and abroad is introduced, and the existing problems and enlightenment on formulating local laws and regulations. 1. As a wild animal, sustainable development should be regarded as the guiding ideology and basic principles for its protection legislation. 2. As a kind of migratory aquatic wildlife,not only the characteristics of Chinese sturgeon resources, liquidity, complexity and other general characteristics of aquatic organisms, but also its unique river-sea migratory habit should be fully considered in protection legislation. 3. As a typical wetland system, the relationship between individuals and other individuals (other individuals in the ecosystem), and between individuals and the whole (ecosystem) should be taken into account in the protection legislation on the nature reserve for Chinese sturgeon and its ecological environment. 4. Given the characteristics of specificity, complexity, systematic of the protection of Chinese sturgeon and its ecological environment, to keep the conservation scientific and effective, it is necessary to adhere to the precautionary principle, and also establish scientific research systems such as species resource survey and ecological environment monitoring of Chinese sturgeon and its ecological environment. 5. Given the actual situation of particular surroundings of Chinese sturgeon and injury suffered by annual mistakenly catching, etc, received rescue system of Chinese sturgeon should be established.Sectionâ…¦: The legislative practice and reference on the wetland protection. The status quo of legislative practice of wetlands protection at home and abroad is introduced, and the existing problems and enlightenment on formulating local laws and regulations. 1. Since there is no "wetland protection" special law in China, local legislation on the wetland nature reserve on Chinese sturgeon can only be local laws and regulations, which is determined by the creativity of the local laws and regulations. 2. In the legislation of the nature reserve for Chinese sturgeon, the type of wetland protected areas should be defined clearly that the nature reserve for Chinese sturgeon belongs to estuary waters wetland, a type of marine / coastal wetlands. 3. The systematicness and integrity of wetlands should be taken full account of, which will make the resource and the environment protected overall. 4. The permissions of management authority of wetland in the nature reserve for Chinese sturgeonshould be defined clearly. Sectionâ…§: The legislative practice and reference on local legislation in China. The status quo of legislative practice of local legislation in China is introduced, and the existing problems and enlightenment on formulating local laws and regulations. The enactment of local laws and regulations of the nature reserve for Chinese sturgeon is the only method could work to protect Chinese sturgeon and its ecological environment scientifically and effectively authentically, which is determined by the characteristics of local laws and regulations.Sectionâ…¨: The idea of formulating local laws and regulations for the nature reserve of Chinese sturgeon. On the basis of summarizing the legislative goals of nature reserves in China, the legislation goal of the nature reserve for Chinese sturgeon is established from four aspects: improving the legislative level, co-ordinating systematicness and integrity of conservation objectives, embodying the local characteristics and enhancing operability. On this basis, it is proposed that basic principles in legislation of local laws and regulations of nature reserve such as sustainable development, preventability, ecological priority and systematic protection and the unique principles of local laws and regulations such as locality and creativity should be insisted, and the basic systems such as open management, characteristics of biological resources, land properties, ecological compensation and public participation should be established. Finally, it concludes with the basic framework of the local legislation on shanghai yangtze estuarine nature reserve for Chinese sturgeon. The innovation of this paper is: 1,The theoretical basis of nature reserves is exposited systematically, from which legislative guidance for the nature reserve for Chinese Sturgeon summarized . It is the first time in the legislation for nature reserves. 2,Not only the general properties of the legislation for the nature reserve for Chinese sturgeon was accounted fully in the study, but also its unique properties was recognized that the nature reserve for Chinese Sturgeon is not only the one for rare aquatic wildlife, but also one internationally important wetlands. And the specificity of legislation was described from the aquatic wildlife and wetland protection legislation, which is also extremely rare in the legislation studies of nature reserves. 3,The status of practice on local legislation in China and abroad was introduced, the existing problems and significance to local laws and regulations for nature reserves were analyzed. In view of the status of the legal system of the nature reserve for Chinese sturgeon, based on the specific attributes of the protected object, , enacting local laws and regulations for the nature reserve for Chinese Sturgeon is the only feasible solution to protect Chinese sturgeon and its ecological environment authentically scientifically and effectively, which is determined by the characteristics of local laws. 4.The methods of legislation considering the general properties of the nature reserve as well as the unique properties of the protected object is the inevitable legislative requirement of local laws and regulations, which provides a practical guidance to the construction of different types of local laws and regulations for nature reserves.The legislation on local laws and regulations for shanghai yangtze estuarine nature reserve for Chinese sturgeon is a systematic engineering requiring a lot of research. This is just a primary study on the feasibility, objectives and principles of legislation and the basic system to establish. Further study and discussion about specific management measure is urgently needed in the future. |
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