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Research On The Rule Of Law In YUNNAN’s Biodiversity Protection

Posted on:2024-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2531307052983889Subject:Constitution and Administrative Law
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General Secretary Xi Jinping pointed out at the National Conference on Ecological Protection that "the construction of ecological civilization is a fundamental plan for the sustainable development of the Chinese nation" and that "a series of fundamental,groundbreaking and long-term work should be carried out to accelerate the top-level design and institutional system of ecological civilization and strengthen the rule of law.".Yunnan has long been committed to biodiversity conservation and has carried out many innovative legislations in the absence of national legislation.in the 1980 s,Yunnan enacted and introduced the first wild plant protection regulations in Asia-"Regulations on the Protection of Precious Tree Species in Yunnan Province",followed by a series of laws and regulations on compensation for wildlife accidents,forest land,wetland and national park management,etc.Regulations.Especially since the 18 th National Congress,Yunnan Province has strived to be the "leader" in the construction of ecological civilization in China,issuing a series of policies,rules and regulations,as well as formulating a series of plans such as "Yunnan Ecological Civilization Construction Plan",carrying out the construction of national parks,integration and optimization of nature reserves,ecological protection and restoration,greening of the whole area,plateau The first phase of COP15 was successfully held in August 2021,which reached a consensus on the Kunming Declaration and established the Kunming Biodiversity Fund,demonstrating Yunnan’s remarkable achievements in species,genetic and ecosystem conservation.Known as the Kingdom of Plants and Animals,Yunnan is the most biodiversity-rich region in the world and an important national biodiversity resource reserve area.In order to protect Yunnan’s unique biodiversity resources,Yunnan has promulgated and implemented a number of laws and regulations on conservation and management,but due to the early start of Yunnan’s biodiversity legislation and the fragmentation of pieces,the legislative system is not complete,the relationship between multiple norms is not clear,and often contains and conflicts,which cannot effectively promote conservation and coordinate socio-economic development,and carry out biodiversity conservation in accordance with the law The systemic,stability,continuity,compliance and appropriateness of biodiversity conservation are insufficient.Therefore,under the new development concept of innovation,coordination,green,openness,and sharing,it is of great significance to further explore how to improve Yunnan’s biodiversity rule of law system for biodiversity conservation,as well as the national strategy of ecological civilization.The purpose of this study is to explore how to improve the biodiversity legal security system in Yunnan Province,it includes the summarization of biodiversity legal protection practice in Yunnan Province,the issues of biodiversity legal protection in Yunnan Province,the thoughts and opinions on improving biodiversity legal protection in Yunnan Province,and the cooperation of big data biodiversity protection.The first part of the article first carded the rule of law system of biodiversity in Yunnan Province,further theoretical analysis from the definition,concept,significance,experience abroad.In the second part,the author makes statistics and normative analysis on the current Local ordinance,and sorts out the highlights of the current achievements in the protection of the rule of law in Yunnan.The third part,from the perspective of legislation,points out the defects of local ecological legislation,such as the legislative concept does not highlight the independent value of biodiversity protection,the system is not perfect,and the technology is backward,the quality of national separate regulations is mixed,the absence of law enforcement bodies and means and the lack of judicial protection are also worthy of attention,and finally,the imperfect supervisory protection mechanism also urges us to think further.In the last part,we propose that we can improve the legal system of biodiversity protection in Yunnan province by injecting new development ideas,strengthening legislative techniques and constructing a “Yunnan paradigm”,we will deepen the reform of comprehensive administrative law enforcement,incorporate the concept of preventive law enforcement,and strengthen the construction of public interest litigation teams,trial teams,and diversified protection teams,and the establishment of biodiversity big data management system and optimization of biodiversity distribution data and bio-safety monitoring mechanism.The research in this paper provides a reference for the improvement of the biodiversity legal security system in Yunnan Province.
Keywords/Search Tags:biodiversity, local legislation, rule of law government construction, ecological civilization construction
PDF Full Text Request
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