Study On Legal Issues Of Ecological Protection Red-line In China

In recent years,with the rapid development of the industrialization process,the ecological environment continues to worsen,and the ecological system is facing awesome challenges.We continue to enforce a variety of environmental protection measures,but get little results,the ecological and environmental problems have become the biggest obstruction to economic and social development.In order to safeguard our country's ecological security and promote the sustainable development of economy and society,we must protect the ecological environment as a whole.Delineation of Ecological Protection Red-line is an innovative measure for ecological environment protection in China.After the Third Plenary Session of the Eighteenth Central Committee,some districts make experiments of the Red-line,and constantly explore the establishment of Ecological Protection Red-line system.In the 2014,the Environmental Protection Law established the Ecological Protection Red-line system for the first time,which provided the legal basis for the implementation of the Ecological Protection Red-line.However,due to the "Environmental Protection Law" did not make detailed provisions,and to some extent,delineation of ecological protection red line affect local economic and social development,so most of the local wait and see attitude,did not really implement the ecological protection of the red line.Therefore we need to improve the Ecological Protection Red-line from the legislation.This article mainly elaborates the research on the legal problems of Ecological Protection Red-line from three parts:The first part is about the basic implication and theoretical basis of the Ecological Protection Red-line.Firstly,elaborate the Ecological Protection Red-line evolution process by the use of time clues,we can find that the connotation of the red-line is constantly enriched,and the status of the red line has been improved.Secondly,define the concept of Ecological Protection Red-line on the basis of the concept of the relevant red-line.Finally,the theoretical requirement of establishing the system of Ecological Protection Red-line is discussed from the theoretical level.The second part is about the Ecological Protection Red-line of legal norms of the status quo and problems.In this paper,through the research on the form and content of the relevant laws and regulations of Ecological Protection Red-line,it is considered that there are some problems in the legislative level of Ecological Protection Red-line.These problems are mainly manifested in the problems that the legislative system is incomplete,the legislative content is abstracted,the legal liability is missing,and the supporting measures are not perfect.According to the specific problems mentioned above,this paper puts forward the perfect countermeasures from four aspects: firstly,choose the scientific model of legislative,and make special administrative regulations of Ecological Protection Red-line;secondly,in the legislative content,we should clearly stipulate the red-line of the delineation and regulatory of the main body,reasonable arrangements for the red line of the categories and levels,the establishment of hierarchical classification control system;finally,in the supporting measures,we should improve the monitoring mechanism,the ecological compensation mechanism,and evaluation assessment mechanism of the ecological protection of red line...