Study On The Legal System Of Grassland Protection In China

Grassland,as one of the elements of ecosystem,is a very important part of China’s natural resources,but also facing a severe crisis of natural resources.China’s grasslands are facing different degrees of desertification,degradation,salinization and rocky desertification and other problems,ecological deterioration and lead to sandstorms,wetland area reduction,biodiversity reduction and grassland culture loss and a series of ecological and social problems,the protection of grasslands is urgent.Law is the most powerful means to regulate human behavior,so it is wise to use legal means to protect grasslands and regulate human behavior.This paper first expounds the concept,theoretical basis and characteristics of the legal system of grassland protection in different stages.The concept of grassland protection legal system is: to achieve the purpose of protecting grassland by legal means,through grassland legislation and the formation of a legal system.The theoretical basis of grassland protection includes economic theory,sustainable development theory and ecosystem value theory.Taking the Environmental Law of the People’s Republic of China(Trial Implementation)of 1979 as the demarcation point,this paper analyzes the characteristics of the legal system of grassland protection in China: from the founding of New China to 1979,human-centered environmental ethics dominated the period,grassland legislation was mainly reflected in the local,the national level is few and scattered;The prairie protection was first stipulated in the frontier law(trial implementation).The promulgation of the prairie law in 1985 marked the legalization of prairie management in China.The implementation of the prairie law in 2003 made the prairie legal system in China tend to be perfect.Secondly,on the basis of the above research,the paper analyzes the shortcomings of the legal system of grassland protection in China and the experience that can be used for reference by foreign countries.Deficiencies include: relatively backward legislative concepts,incomplete content and grassland protection legislation and related legislation conflict.In addition,the United States,Canada,Australia,New Zealand and other countries advanced grassland protection concept,perfect legal system,multi-faceted management institutions,give full play to the enthusiasm of public participation,maintain a greater material investment in grassland management,clarify grassland property rights,develop modern animal husbandry and other grassland industries,and Other countries join hands to protect the grassland and promote the sustainable development of grassland ecosystem,which can be used for reference in China’s legislation.Finally,after analyzing the theoretical basis of grassland protection,the current situation of grassland protection legal system and the advanced experience of foreign countries,some suggestions are put forward to perfect the legal system of grassland protection in China: fully embodying the legislative concept of sustainable development;from grassland biodiversity,grassland ecological compensation,grassland public participation system and grassland The former legal liability system should improve the content of the legal system of grassland protection and promote the cooperation between grassland legislation and relevant legislation.