Research On The Legal Mechanism For Delineation And Adjustment Of Ecological Protection Red Line

With the continuous development of economy and society,the problems of resource consumption,pollution deterioration and ecological security have become increasingly prominent,and they have become fundamental and urgent systemic problems in the process of sustainable economic and social development.Therefore,the country has continuously launched institutional exploration.In order to comprehensively and continuously improve the ecological problems caused by natural environmental pollution,The State Council issued the Opinions on Strengthening Key Work of Environmental Protection as early as 2011,emphasizing the importance of implementing the ecological protection red line system,and implementing the management of ecological protection red lines in important ecological functional areas,sensitive areas and vulnerable areas within the Chinese territory.After many years of efforts our country has made certain progress in environmental protection.At the same time,the state continues to improve the scope of environmental protection law,and the legal system is also in the stage of gradual improvement.The adjustment system for the delineation of ecological protection red lines promotes the implementation of national policies by local governments,ensures the effectiveness of the overall promotion of ecological protection red lines,and determines the phased achievements made by local governments in ecological environment protection.However,in practice,there are very few regulations on the delineation and adjustment of ecological protection red lines,and there are problems such as narrow scope,too abstract content,incomplete legal responsibilities,and incomplete supporting measures,leading to frequent problems such as restrictions in daily management,inefficient adjustment measures,and conflicts with economic and social development.Therefore,it is urgent to strengthen the systematic research on the delineation of ecological protection red lines and the adjustment of legal mechanisms in order to coordinate the conflicts between local economic development and environmental protection.As a major strategic policy and institutional innovation in the field of environmental protection law,the ecological protection red line has been continuously explored and practiced at the national strategic level and local government level over the past decade since the concept was proposed.In this paper,literature analysis and comparative analysis are adopted to analyze the historical background,implementation subject and operation process of the demarcation and adjustment of ecological protection red lines from the perspective of legal mechanism.By analyzing the profound connotation and development status of the demarcation and adjustment legal mechanism at the level of legal norms,national policy administrative norms and technical standards guidance,it is concluded that maintain the ecosystem service function,and the evolution of the legal mechanism conforms to the objective needs of social development.During the operation of the ecological protection red line mechanism,Demarcation and adjustment of legal mechanism and practice demand conflict frequently,the defects become increasingly prominent.First,from the concept and characteristics of ecological protection red line,the development and evolution of the legal system of ecological protection red line,and the development of the legal mechanism of ecological protection red line delineation and adjustment,the paper comprehensively summarizes the legal mechanism of ecological protection red line delineation and adjustment in our country.Secondly,it divides the existing problems in the practical application of the legal mechanism of demarcation and adjustment of ecological protection red line,and draws the conclusion that the function allocation between the subject and the procedure needs to be further clarified,the legal responsibility needs to be more detailed,and the supervision intensity needs to be comprehensive and in-depth.Finally,the paper puts in corresponding countermeasures with the directions of elucidating the subject of the right of demarcation and adjustment in the legal mechanism and simplifying the procedure,implementing the detailed problems of the legal responsibility of demarcation and adjustment in the legal mechanism,strengthening the supervision and control of the demarcation and adjustment in the legal mechanism.The suggestions in this paper are expected to help solve some problems of imperfect legal mechanisms of the ecological protection red line system,resolve the conflicts between the imperfect legal mechanisms of red line demarcation and adjustment and local development,and provide theoretical convention for the interpretation of the legal institution of ecological civilization.