The Research Of The Construction Of Environmental Protection Legistation In Xin Jiang

How to strengthen the protection of environmental resources of Xinjiang Uygur Autonomous Region, and to achieve sustainable development of Xinjiang Uygur Autonomous Region became the most important issue of large-scale development of Xinjiang. In view of this, the author believes that the local environmental legislation must play an important role in the large-scale development of Xinjiang Uygur Autonomous Region, adhere to the road of sustainable development. The paper analyzes the main issues which should be resolved in the local environmental legislation of Xinjiang Uygur Autonomous Region. The environmental protection legal system of Xinjiang Uygur Autonomous Region has undergone winding course more than 20 years, in the face of the many new problems which have been arising in today's social life, numerous defects and shortcomings have been unveiled. It is an urgent need to be innovative and perfect for the Xinjiang Uygur Autonomous Region to achieve the smooth economic and environmental development. The construction of the rule of law of the environmental protection of Xinjiang Uygur Autonomous Region has formed a certain construction framework of the rule of law of the ecological environment, but there are still many problems. The innovative and perfect value objectives and basic means should be made clear. On the basis of successful experience of the environmental protection legal system at home and abroad, linking the region's basic condition, we should innovate and complete our region's ecological environment legal system construction and promote its further development. The cause of environmental protection of Xinjiang Uygur Autonomous Region started to develop after the first National Environmental Protection Conference in 1972. In 1976, Xinjiang Uygur Autonomous Region set up the Leading Group for Environmental Protection and its Office. After that, the construction of the environmental protection institutions of Xinjiang Uygur Autonomous Region has been developed gradually. The Environmental Protection Committees were set up in the Autonomous Region, some of prefectures and cities, all levels of environmental protection management institutions, environmental scientific research and monitoring agencies, and environment managements institutions were established, created a coverage of the Xinjiang environmental protection management system and environmental monitoring systems, professional ranks engaged in the work of the environmental protection were founded and developed.Up to present, a total of more than 20 pieces of relevant local regulations and separate rules have been drew up by the Standing Committee of People's Congress of the Xinjiang Autonomous Region and all levels of People's Congress and their standing committees which have power of legislation in the autonomous region, provide a strong legal system guarantee for the autonomous region's environment and resources work. There are more than 20 pieces of local regulations, government's normative documents and departments'statutes about the ecological construction and environmental protection were promulgated and implemented by the People's Government of Xinjiang Autonomous Region and its departments, formed a relatively systematic local legal system for environmental protection. From the content, we can see that it involves both comprehensive regulations about ecological and environmental protection such as "Xinjiang Uygur Autonomous Region Environmental Protection Ordinance", as well as the specialized regulations about ecological and environmental protection in various fields, such as land management, mineral resources management, forest protection, grassland protection and management, water and soil conservation, wildlife conservation, nature reserve management, pollution control, etc., basically covers the ecological and environmental protection in all areas, law basis was founded. On May 27, 2005, the 17th meeting of the Standing Committee of the Tenth People's Congress of the Xinjiang Autonomous Region adopted the " Decision About modifying the ", the basic environmental laws and regulations of the Xinjiang Uygur Autonomous Region became better. On March 25, 2005, the People's Congress of the Xinjiang Autonomous Region made legislation and amended to China's first river basin management law, the " Xinjiang Autonomous Region Tarim River Water Resources Management Ordinance ".The Tarim River's total length is 1321 kilometers, it is the mother river of Xinjiang people of all the nationalities. This strengthened the unity of the Tarim River Basin water resources management and scientific control.To strengthen the local environmental protection legislation in Xinjiang is the basis of construction of rule of law and economic sustainable development of Xinjiang. The local environmental protection legislation should follow the principle of sustainable development. Through legislation, Xinjiang resource management system, resource's price rationalization, resources accounting, market mechanisms of Xinjiang resources development and utilization, compensation for the use of natural resources mechanism and compensation mechanism of ecological environment would be benefited. It would also enhance scientific research and international cooperation the of Xinjiang local environment legal system. The economic sustainable development of Xinjiang would be safeguarded.Overall, the legal system construction of ecological resources and environment in Xinjiang Uygur Autonomous Region has gone through more than two decades of history, has gone through its infancy and the early stages, being the mature, it should be said that it has already created a certain legal system framework of ecological resources environment. However, along with the progressive social and economic development and industrialization in the Xinjiang Uygur Autonomous Region, the trend of environmental resources pollution and ecological damage has already become comprehensive and profound, and in general has become more serious. The legal system which was related to can not fully protect the healthy development of ecological resources environment of the Xinjiang Uygur Autonomous Region.There are many reasons about the continued deterioration of environment today. Not only economic and social reasons, but more legal reasons. With the expanding scale of the development of environment, exploitation and improvement of environment of, human beings have created a great deal of material and spiritual wealth, it has also making the environment, the basis of human survival and development, seriously damaged, leading to environmental problems. Environmental problems include environmental damage and environmental pollution. Environmental damage due to the improper opening up activities, for example, the human's blind reclamation on wasteland, deforestation, predatory fishing, improper building of irrigation works or unreasonable irrigation, and so on, these activities exceeded the biological capacity of the environment and self restoration cycles. the biological production capacity reduced, the self-recovery of the ecosystem does not work, as a result, caused desertification, salinization, marsh, soil erosion, grassland degradation, a sharp reduction in forest area, the destruction of mineral resources, the increasing depletion of wildlife resources, frequent drought and flood disasters, epidemic diseases Spread. Environmental pollution, mainly include air pollution, water pollution, solid waste pollution, noise pollution, toxic chemicals and nuclear pollution. These pollutions due to the amount of pollutants human discharge into the environment exceed its self-purification ability, which led to the ecological environment deterioration. Environmental damage and environmental pollution have close contact, there are compound effects. Environmental damage reduces self-purification ability of the environment, and environmental pollution reduce organism's production, increase environmental damage.At present, the problems of China's environmental legislation and law enforcement, is also an important reason of deterioration of environment. Environment destruction and pollution, has developed into the world's major problems which threat human living and development, aroused international community's attention. Attaching adequate importance to the environment protection legislation, under the guidance of a new strategy, new concept of environmental protection legislation will come into being, from the simple prevention and treatment of environmental pollution and other hazards for protection and improvement of the living environment and ecological environment, change to the circular economy activity pattern which based on the coordinated developing complex system of people-centered nature, economy and society. Using resources with the sustaining method, enhancing efficiency, saving energy, reducing waste, improving the traditional patterns of production and consumption, controlling of environmental pollution and improving environmental quality, maintaining the human's development within the earth's carrying capacity. In China, there are a large number of problems in the environmental legislation and law enforcement, they can not meet the requirements of modern society, and it is one of the important reasons of our present increasing environmental protection problems.This article analyzes the defects of legislation concept of present environmental protection law system in the Xinjiang Uygur Autonomous Region, utilizes positive experiences of other countries and regions, elaborates the enlightenment of legislation thought about the recycling economy model on environmental protection legislation, with these efforts, contributes to the promotion and improvement of the environmental protection law system of the Xinjiang Uygur Autonomous Region.