Font Size: a A A

The Legal Mechanisms For Biodiversity Conservation In Western

Posted on:2013-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiuFull Text:PDF
GTID:2230330371489007Subject:Law
Abstract/Summary:PDF Full Text Request
A vast territory in western China, agriculture has a long history, with colorful and unique agricultural biodiversity. It is because of the unique characteristics of agricultural biodiversity in the western region, and the west do with the development of other areas, making conservation of agricultural biodiversity in the country’s overall legal mechanisms can not completely solve all the problems related to the western region, and the relevant national laws and mechanisms are far from perfect, the system of protection and protection policies in other areas it is difficult to be applied by the western region. This article by the repair and improvement of agricultural biodiversity in the western region of the study of the legal mechanisms, as well as learn from some foreign legal system to put forward some ideas to improve the legal mechanism to protect agricultural biodiversityMany scholars in China on the protection of agricultural biodiversity has been a very deep research, and ecological compensation system, the legal aid system, public participation system for the protection of biological diversity in the legal system. This article by the former research results, learning, and the force in the country’s relevant laws, regulations and policies, combined with the actual situation of the western region, to put forward a few ideas for the protection of agricultural biodiversity in the western region, in order to improve the agricultural biotechnology in the western region varied of legal mechanisms.The full text is divided into five parts, specifically worded as follows:Part I:This section is mainly to introduce the concept, including the concept of biodiversity and the concept of agricultural biodiversity. The term "legal mechanisms" contained in the content of a simple interpretation of the importance of conservation of agricultural biodiversity, and improve legal mechanisms described. This part also make an analysis destruction of agricultural biodiversity in the western region, analysis of the main reasons for these destructive results of four parts, these are:agricultural pollution; agricultural biological resources over-exploitation; foreign invasive species; natural disasters. Among them, agricultural pollution; agricultural biological resources over-exploitation and invasive alien species in the most severe destruction of agricultural biodiversity in the western region. Agricultural pollution pollution than smaller, but the scope is large, the distribution is particularly wide. Overall, the total pollution is still very large, and a high degree of dispersion of agricultural pollution is the most direct damage of agricultural biodiversity and agricultural pollution is often caused by agricultural biodiversity destruction of the most important reason.Part Ⅱ:This section is to analyze the current situation and existing problems of the western agricultural biodiversity repair and improve legal mechanisms. Its problems are mainly four aspects of the legislation, enforcement, compliance and other legal system. Legislation, the issue is mainly reflected in the low level of national legislation, it is difficult to form an effective force; legislation is not perfect, there are still many loopholes; there is no clear system of property rights; related legislation in the western region is lagging behind; difficult to coordinate between the laws and regulations. The issue of enforcement is mainly reflected more in law enforcement and uncoordinated; gaps and confusion in the law enforcement procedures; law enforcement and economic development and personal interests to conflict, resulting in law enforcement work hard to effectively. Compliance aspects of the problem is the cost of illegal do not want to abide by the law; people lack the sense of law abiding do not know. Other aspects of the problem is caused by macro-policy neglect and ineffective government regulation.PartⅢ:This section is proposed to establish and improve the work of western agricultural biodiversity to repair and improve legal mechanisms to reflect the value of risk prevention and sustainable development of the value of significance. And the importance of these two value orientation reflected in the legal system in the conservation of agricultural biodiversity are described.PartⅣ:the problems of this section for the above points, combined with the risk prevention and the requirements of sustainable development, the proposed solution to the problem. To improve national legislation for the legislative issues and specific strategies to improve the local legislation in the western region; changes in the law enforcement philosophy, the issue of enforcement and strengthening of law enforcement, increased law enforcement efforts to establish law-abiding assistance mechanisms to protect the transparency of law enforcement information, led the public to participate in the specific methods of supervision; aspects of the law-abiding should be read in conjunction with the improvement of law enforcement work, and proposed to establish a sound benefit-sharing systems and mechanism for public participation to promote the businesses and people consciously abide by the law; for other aspects of the problem. the solution proposed is to improve the agro-ecological environment, the legal aid system, improve the protection of intellectual property rights of the biological genetic resources, and improve the legal system invasion by alien species.Through the elaboration of the four parts, to build a legal mechanisms for biodiversity conservation in western.
Keywords/Search Tags:agricultural biodiversity, risk prevention, sustainable development, legalmechanisms
PDF Full Text Request
Related items