Legislative Research On Ecological Restoration Legislation

Twentieth century is the century when environmental pollution and destruction explore in centralize way and massive scales. While twenty-first century, is a century of environmental restoration and regeneration. Ecological restoration, by restoring damaged ecosystem, recovers and rebalances the ecosystem, maintain its sustainable development, in turn achieves harmony between man and nature, and ultimately realizes sustainable economic development of human society.China’s current environmental legislation generally focuses on the utilization of natural resources and the prevention of environmental pollution and ecological damage. However, with regard to restoration of already damaged ecological environment, more emphasizes are required. Even though relevant legislation covering air, water, solid waste and other aspects of pollution control are enacted, and most weighing was put on "prevention" rather than "restoration", besides, law and regulations relate to "restoration" lack of comprehensive consideration on the integrality of ecosystem, as well as interpersonal relations between man and nature arising due to environmental damage. Therefore, the existing legislation relating to ecological restoration, neither in respect of legislative philosophy, nor legal norms and legal system, can satisfy the current demand generated from increasingly serious ecological crisis. Strengthen legislative effort concerning ecological restoration is a new field for our future environmental legislation, as well as national policy requirements.This paper, firstly, attempts to analysis concept of ecological restoration from legal perspectives, lay grounds for ecological restoration legislation, meanwhile,provide basses for ecological restoration legislation from ecological justice, ecological security, ecological order, and ecological civilization aspects. Secondly analysis the existing legal system regarding ecology restoration, assesses the achievement of China ecological restoration legislation combined with the practice of ecological restoration project cases and to reflect the weakness of our ecological restoration legislation, in order to set the foundations for specific system construction and refinement. Further, to summarize constructive experience for our own practice based on the evaluation of the feasibility of our existing system and the introduction of ecological restoration legal system from other countries. Finally, based on the construction of ecological restoration legal system, put forward legal proposals that fit our current ecological environment situation, from the perspectives of legal system and specific legislative principles and rules.