Study On The Legal System Of Environmental Protection For Exploitation And Utilization Of Shale Gas In China

Shale gas is an independent mineral in China.As a new unconventional natural gas resource,shale gas has many characteristics,such as long mining life,long production cycle,wide distribution and thickness,and special reservoir-forming mechanism.However,due to the technical difficulty of shale gas development and utilization and its own characteristics,a series of environmental problems will inevitably arise in the process of shale gas development and utilization.In addition,there is no specific environmental protection legal basis for the development and utilization of shale gas in China.Therefore,there are many problems in the legal system of environmental protection in the whole process of development and utilization,which need to be improved urgently.In order to find out the problems more pertinently,the paper puts forward some suggestions for perfecting the system.According to the different development stages,the environmental protection system of shale gas development and utilization can be divided into pre-environmental protection legal system,in-process environmental protection legal system and post-event environmental protection legal system.In order to prevent environmental pollution and ecological damage in the exploration and planning stage of shale gas development and utilization,the preceding step is to lay emphasis on the environmental impact assessment system,analyze the specific problems of the evaluation system and find the perfect method.The legal system of environmental protection refers to the measures to reduce environmental pollution by means of inspection and monitoring,which have been or may be caused by environmental pollution and ecological damage in the process of shale gas development and utilization.There are some problems in the legal system of environmental protection,such as unclear scope of responsibility,inadequate quantitative standards of management methods,rigid standards of pollutant discharge permits and loopholes in the implementation of pollutant discharge permits.The legal system of environmental protection after the event mainly refers to the system of directional relief to the environmental damage that has occurred in the process of shale gas development and utilization,mainly including the emergency plan system of environmental emergencies and ecological protection compensation system.There are someproblems in the legal system of environmental protection after the event,such as imperfect emergency plan,inadequate implementation,lack of sufficient legal basis,immature environmental protection system and inadequate complementary measures of ecological compensation.Therefore,we should focus on perfecting the relevant laws and regulations,perfecting the ecological compensation tax and fee system and strengthening the operation of the system.