The Research On Legal System Of Community Participation In Wetland Protection

The ecological status of our country's wetlands is all in deterioration. The current wetland protection can't meet the practical need. Community participation is a new wetland protection legal system, whose basic meaning is that community people and wetland reserve management department make a partnership and join in the construction of the protected areas and surrounding developments together. This system is conducive to promote the development of wetland protection.There is no clear and unified legal conception of community participation in our country's existed laws and regulations, and the mechanisms of community participation are not perfect. In the practice of community participation, the relationship between the environmental protection and economic development is not rationalized, and the means and forms of environmental publicity and education are still not colorful and there is strong contrast between the stronger rights and consciousness and the lower responsibility sense of public. These factors are extremely unfavorable for wetland protection.Sustainable development theory, stakeholder theory, environmental rights and environmental justice theory are the theoretical basis for the construction of community participation in wetland protection. United States, Australia, Japan and other countries have formed a much mature legislation for community participation in wetland protection. Our country learns the successful experience from foreign country, and makes community participation practices in Spurs Lake in a case. Through these practices, it's seen that the mechanisms of community participation have been attached greatly by managers and policy makers. However, to make the conception of community participation in wetland protection into concrete legal practice, is also need to improve the legislation of community participation and come to agreement in all the society.Our country's legal system of community participation in wetland protection should been improved as following:First, improve community participation in wetland protection in the legal framework, and construct the community participation system from Basic Law, the environment laws, environmental-way laws, administrative regulations and local laws. Second, the full establish the community participation in wetland protect systems and regulate the community participation form, community participation composition, community participation approach, community participation content, community participation means respectively. Third, improve the supporting systems for community participation in wetland protection system, such as improve hearing system, establish ecological compensation mechanisms, make judicial review for community participation proceedings, and establish community public interest litigation and so on. Fourth, reform our system of wetland management, and clear the procedures of community participation in the establishment of wetland protection. Fifth, raise awareness of community participation in wetland protection continuously. Anyhow, it's necessary that make the sustainable development concept to guide and coordinate the use and protection of wetlands with society, comprehensively enhance wetland protection in order to achieve social sustainable development.