On The Definition Of The Concept Of Ecological Red Line

Ecological red line is a major institutional innovation of China's ecological environment protection, at the national vigorously promote the construction of ecological civilization of the current, deepen the ecological system of the red research could not have come at a better time. Both scientific research and practical exploration areas, ecological red line has been concerned, but specifically for the concept of ecological red line is very little research. The concept of ecological red line is not clear for the ecological red line of research and practice has brought much inconvenience. Ecological red line system, especially the legal system of ecological red line as an important environmental protection system, from a legal point of view of analysis of the connotation and extension of the concept of ecological red line not only has important theoretical significance but also has profound practical significance. The concept of ecological red line of legal definition not only can discern its meaning, clear the extension, but also help to recognize the legal attribute, is conducive to promoting the further development of the research and practice of ecological red line.On the concept of ecological red line, officials and scholars have many interpretations, but through the combing and analysis of these definitions, we regret to find that, although the definition of ecological red line on the as many as a dozen, but is nothing more than three types: one is space, one is space and number,oneis the risk standard. Although each of these three types of definitions has their own shortcomings, the vast majority of the definition fails to reveal the nature of the ecological red line. Therefore, this article attempts from the legal point of view in-depth analysis, detailed investigation, in order to make a relatively reasonable definition of the legal concept of ecological red line.The general idea is based on the theoretical basis of ecological red line behind the study, to define methods for exploration, and on some of the key ingredients to be careful analysis to reveal the essence of ecological red line and the concept of ecological red line made accurate definition. After the research, the theoretical foundation of the ecological red line is mainly including the carrying capacity theory, the risk prevention theory and the government environmental responsibility theory. The legal relationship of ecological red line is related to the administrative legal relationship. The main purpose of the ecological red line is to maintain the safety of the ecological environment. The essential attribute of ecological red line is diverse: from the view of natural attribute is a set of safety standard system, from the perspective of social management is a means of environmental management, from the perspective of legal property is a kind of abstract administrative act. The main body of the responsibility of the line of responsibility for the ecological red line is the administrative organ, rather than the administrative relative person. The paper finally got the legal concept of a relatively scientific ecological red line: ecological red line is to protect and improve the ecological environment, maintaining national or regional ecological security, through scientific research, careful argumentation and the legal procedures and formulated and adopted, by the administrative organ at the next higher level to lower administrative authority issued to control the risk of ecological environment as the goal, through the space control, monitoring indicators and numerical control to realize the supervision and assessment, the constraints of the lower administrative organ administrative behavior of a series of safety standard system. Ecological red line includes four levels of national ecological red line, at the provincial level ecological red line, municipal ecological red line and the county(District) level ecological red line, divided into the atmosphere of ecological red line, water ecological red line and soil ecological red line.