Study On The Legal System Of The Commons Protection

Along with the increasingly worsening of the commons condition,the contradiction between the commons protection and the social development is getting more and more prominent.Under this background,the importance of commons protection prevails and the perfection of its legal system is imperative.This paper,through the confining of the concept of commons and analyzing of the values of the environmental law of commons,comes up with the theory basis and practices of the perfection of the commons protection based on the clear and explicit concept.As a basic human right,the environment right endows citizens the right to use the commons and at the same time the right to know the protection information of commons and the right to participate and other basic rights,which provides a theoretical basis for the commons protection;Sustainable development strategy theory requires the co-ordination of economic,social and environmental relations,calling for the protection of commons to promote economic and social development.The theory of risk prevention emphasizes the importance of precautionary principles,promoting changes of the traditional way of belittling of prevention,and depending on the re-governance.Theory of collective action requires the use of legal system to protect and realize the public interest and to overcome personal disregard of public interest and the self-interest behavior,avoiding the "Tragedy of the Commons".In addition,the improvement of the commons protection system in our country bears the practical needs to some degree.On the one hand,in order to develop the economy and to improve people’s living standards of countries and regions,there is always the need to sacrifice the protection of commons,on the other hand,the destruction of commons would on another level damages people’s living environment and reduce the quality of people’s life.Therefore,the legal system of commons protection should play an active role in improving the deteriorating ecological environment.In this context,through the analysis of the current situation of the commons protection in China,as well as the institutional research in the field of commons protection in some developed countries such as America,German and Japan so as to find out the problems and difficulties in China’s commons protection.In the mean time,by referring to the advanced theory and mechanism of commons protection in developed countries,China can gain some experience and hints and apply to the perfection of the legal system of commons protection.The perfection of the legal system of public protection of commons in China:The perfection of the legal system of public protection of commons in China should embark from the following four aspects:Firstly,to regulate the government responsibilities,and build the synergies;Secondly,to promote the public participation and strengthen the social adjustment;Thirdly,to introduce the market-oriented management mechanism and invigorate the market regulation;fourthly,to set strict accountability mechanism of the legal responsibility and limit the abuse of power.