Research On Controversial Issues Of Wetland Protection Legislation

Wetland is not only an important resource,but also a unique ecosystem with unique ecological value and function.With the deepening of people’s understanding of the ecological environment,the ecological status of wetland as an independent element is increasingly recognized.However,compared with the results of the two national wetland resource surveys,the situation of wetland protection is not optimistic,and wetlands are still facing a variety of threats and greater protection pressure.At present,there is no special law on wetland protection in China,and the lag of legislation is often regarded as one of the important problems in wetland protection.Fortunately,this issue has attracted the attention of the legislature.The wetland protection law has been included in the legislative plan of the 13th National People’s Congress and the legislative plan of 2020 and 2021,The wetland protection law of the people’s Republic of China(Draft)(hereinafter referred to as the draft)was submitted by the environment and Resources Protection Committee of the National People’s Congress(hereinafter referred to as the Environmental and Resources Protection Commission)to the 25th session of the 13th NPC Standing Committee for the first deliberation in January 2021 The draft establishes a relatively perfect wetland protection system,emphasizes the protection and restoration of important wetlands,and establishes a clear supervision and punishment system.It is believed that the law will effectively promote China’s wetland protection work.Wetland protection legislation has always been one of the topics of great concern to scholars.Many scholars have issued papers calling for the formulation of a special wetland protection law or regulation.However,there are more analysis on the necessity and importance of legislation,less suggestions on how to formulate and what kind of wetland protection law to formulate,more framework and principle suggestions,and less specific and constructive opinions.This problem has been improved since the draft was first submitted to the public for deliberation and comments.However,as the draft has just been published,there are not many relevant studies,and few of them summarize the focus of legislative disputes and put forward specific opinions.The author believes that the "Crux" can be found through the summary of the focus of the dispute,and on this basis,specific suggestions can be put forward to "suit the remedy to the case".Therefore,it is necessary to summarize and analyze the focus of the controversy on the legislation of wetland protection and the draft,sort out the causes of the controversy,analyze the relevant theoretical basis and local legislation,compare and analyze the corresponding foreign laws and regulations,and combine with the practical needs and relevant legislation of wetland protection in China,It is of great theoretical and practical significance to put forward specific suggestions on the controversial issues of wetland protection legislation in China.Since 1992,China officially ratified the Convention on Wetlands of international importance especially as Waterfowl Habitat(also known as Ramsar Convention or convention on wetlands,hereinafter referred to as "Convention on wetlands"),China has issued a number of policy documents on wetland protection,and Remarkable achievements have been made in wetland protection.The regulations on wetland protection have been listed in the legislative plan of the State Council for several times,but they have not been issued due to too much controversy.It was not until 2018 that the research and demonstration of wetland protection legislation was included in the legislative plan of the 13th National People’s Congress,which was drafted and submitted for deliberation by the environmental protection and Resources Commission,that the situation was significantly improved.This paper reviews the legislative process of wetland protection in China,summarizes the controversial issues in the research and demonstration of wetland protection legislation,and analyzes the most basic,core and important issues of wetland definition,the scope of application of wetland protection law and wetland management system,Based on China’s management practice and practical needs,it is suggested to distinguish the concept of wetland and the scope of application of law in legislation;For the definition of wetland,it is suggested to adopt the broad concept of wetland;For the scope of application,it is suggested to clarify the scope of application of law through the directory system;For the management system,it is suggested to establish a national wetland protection coordination mechanism or joint meeting,and clarify the relevant responsibility subjects according to the functional adjustment of various departments after the institutional reform.