The Basic Principle Of The Island Protection Law:The Principle Of Protecting Ecological

The island is one of the most important nature resources of our country,it consists china's marine territory and plays an important role in the improvement of the national economy.Since the late 1990s,with the rapid development of china's national economy,development and use of the ocean have increased in an intensity incomparable by any stage in history. In the meantime,however,the problems arising therefore have cropped up continuously such as environmental degradation,Sharp decline of resources and frequent occurrence of disasters,etc,thus posing an unprecedented serious challenge to china's island resources and environment.The poor legal system and management system cause some series problems to the island of our country,especially the no resident island.Some island's environment and resources have been destruction and some island's Sovereignty has been violated.The report of 16th National Congress of Communist Party of China points out that:"we should keep reasonable development and use various natural resources frugally "and "carry out marine development and make sure that the national resources can be realign comprehensively.At the same time,we should establish the environmental consciousness among the whole people,and take up with the ecological protection and construction well . " These all bring the island environmental protection to a strategic height.Because of the island environment is some tender and severe danger nature environment.The article make effort to set up the legal system for the island environmental protection and it is an affective measure for protecting island's environment to set up a comprehensive legal system.The ecological value is the most important value of the island protection law.In terms of economics——it means that we should make sure that the environment can keep sustainable develop;In terms of sociology——it means that we should improve people's life quality and make sure that the subsistence maintains in the capacity of ecosystem;In terms of ecology——it means that we should look for a best form of utilization of ecosystem and land space to maximize ecological integrality;In terms of science and technology——it means that we should rarely set up the craft and technological system that will produce waste and cause pollution, in order to reduce the consumption of energy and other natural resources from technology as much as possible.The draft constitution of island protection law is not perfect in the design of ecological protection.we should do some effort to make the draft constitution more concreted and integrality.The thesis is compiled with four parts.In the first section,the thesis begins from the situation of the island and the necessary of make the island protection law.The main task of the second part is attached to the great importance of the principle of protecting ecological in the island protection law,the ecological value is the most important value of the island protection law, we need to protect the ecological value to make sure other value can be protected.This provides theories basis for the thesis,then the thesis makes comprehensive analysis on some theories about ecology and argumentations the basic principles of the island protection law.Which including the principle of sustainable development, the principle of protecting national marine benefit and sovereignty, the principle of public participating.In the third part,the thesis introduce the seaside law and argumentations the protection system of the law,which including the environment consequence estimate system and exploitation permitting system and the function area system and the system of ecological compensation and the system of the public participating.last but not the least, the thesis makes comprehensive analysis on making the draft constitution improve and perfect,expounds concrete details of the legal system of ecological protection,introduce some new systems to make the island protection law more integrality and illustrate some key problems which should be given attention to.Islands are considered to be the important properties to a country as a part of national resources.This thesis provides reasonable advices to the completion of the draft constitution and the formulation of a systematical and high-level law on the foundation of introducing the basic principles and the systematical designing of the island protection law,and make great significance to the protection of islands rationally and the sustainable development of economy, society, resources and environment on islands .