Research On The Legal Guarantee For The Implementation Of My Country's Ecological Protection Red Line Syste

The Qilian Mountain ecological damage case,the legislative level "water",law enforcement level inaction,chaos,regulatory layers of failure,correction and rectification process does not take charge,do not touch the hard,ineffective implementation,the lack of rule of law ultimately caused irreparable damage.Qilianshan ecological damage is not an isolated case,Dianchi villa group of illegal construction case is reflected in the same lack of rule of law.The lack of the rule of law in the implementation of the ecological protection red line,the ecological impact is devastating,for the ecological protection red line system itself,such a lack of rule of law is a fatal blow,as soon as possible to improve the implementation of the ecological protection red line system to ensure the rule of law has become the most urgent needs of ecological protection.This paper takes the concept of ecological protection red line as the starting point of the study,and conducts a vertical study with the concept,conception and connotation internally,and a horizontal study with the existing nature reserve system and the other two red lines of the "three lines and one list" externally.On the basis of this research,through comparison and empirical investigation,it was concluded that there are three reasons for the lack of the rule of law on ecological protection red lines: firstly,the legislative concept lags behind in the legislative process,the authoritative provisions of the law are not clear,and the legal system of ecological protection red lines is not sound;secondly,in the law enforcement process,the leading cadres do not have a firm concept of the rule of law,the law enforcement is sloppy,and the basis for comprehensive ecological law enforcement is insufficient;thirdly,in the judicial process,the administrative subjects are not held accountable,and the social supervision forces are not involved.Thirdly,in the judicial process,there is a lack of accountability for administrative subjects,low participation of social supervision forces,and weak guidance of the Supreme Court cases.In response to the above reasons,the following nine countermeasures are proposed:(1)update the legislative concept;(2)clarify its ownership;(3)establish a sound supporting legal system;(4)firmly educate party and government cadres on the rule of law;(5)effectively promote the implementation of strict law enforcement;(6)improve the Guidance Catalogue on Integrated Administrative and Law Enforcement Matters of Ecological Environmental Protection;(7)improve the criminal accountability system;(8)guarantee the(8)guaranteeing the full realization of the right of environmental protection organizations to monitor and participate in lawsuits;(9)providing good case guidance.