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Research On Ecological Restoration Deposit System In China

Posted on:2022-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2491306488989469Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
lucid waters and lush mountains are invaluable assets.With the advancement of my country’s ecological civilization construction,we have increasingly realized that a good ecological environment is the basic prerequisite for human survival and development.Ecological crises such as environmental pollution and resource depletion have put enormous pressure on human development.Ecological governance has become an important factor affecting the overall strength competition of the international community.Strengthening ecological restoration is of great significance to our country’s construction of an ecological civilization.This article takes the ecological restoration deposit as the starting point,and on the basis of the relevant research in the domestic academic circle,combined with the advanced experience of some other countries,proposes some ideas for the ecological restoration deposit system in China.Ecological restoration deposit refers to the funds that natural persons,legal persons,unincorporated organizations and other entities pay to administrative agencies in advance before they develop natural resources or utilize the ecological environment to guarantee that they will perform their ecological restoration obligations in accordance with legal provisions or agreements.The two main characteristics of the ecological restoration deposit are its preventive nature and the attribute of "owned by the enterprise and supervised by the government".The ecological restoration deposit and my country’s existing ecological restoration costs,ecological damage compensation,ecological restoration funds,ecological restoration liability insurance,and environmental deposits have both common points and differences,which together constitute my country’s ecological restoration fund guarantee system.From the past to the present,my country’s ecological restoration margin legislation has mainly focused on mines and other ecological fields.However,whether it is the more extensive mine ecological restoration margin system that has been used in practice,or the more scattered and less-used other ecological restoration margins.There are some problems in the system.From the perspective of the legislative structure,the legal system is imperfect;from the perspective of the content of the specific system,there is a single form of deposit,the scope of application is too small,the payment standard is not clear,the payment method is unscientific,the supervision is chaotic,the return rules are imperfect and lacking Public participation and other issues.Therefore,in order to solve these problems,the State Council first needs to take the lead in formulating the "Regulations on Ecological Restoration Deposits." The localities will introduce relevant legislation according to their own conditions and local conditions to form a unified ecological restoration deposit system in my country.Secondly,it is necessary to gradually improve the problems existing in the content of the system.Specifically,the form of the deposit should be expanded,not limited to cash;the scope of application should be expanded on the basis of the existing application;the land,lake,grassland and other ecological fields should clarify their respective deposit payment standards;the payment method should be expanded from a one-time payment to pay in stages;in terms of the supervision of the deposit,avoid multiple supervision and establish the bank as the supervisory agency of the deposit;when the deposit is returned,the relevant rules for inspection and acceptance should be improved,and the return method can also be returned in stages;finally,the implementation of the legislation and system and strengthen public participation in all aspects of the supervision of margin.
Keywords/Search Tags:Ecological restoration deposit, Payment of earnest money, Supervision of margin, Principles of Public participation
PDF Full Text Request
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