Legal research of ecological civilization construction - an example of water conservation culture
Abstract: This article from the legal protection of ecological civilization, the practical significance of departure, the establishment of the water ecological system and water ecological civilization construction domestic legal system to be analyzed, the water in the protection of our lives at the same time to protect our planet.
Keywords:: ecological civilization, water ecology, water ecology system
First, the legal protection of ecological civilization, the practical significance
Proposal of the concept of ecological civilization is an increasingly serious environmental problems with closely related. When the second half of the 20th century, the global ecological crisis that humanity is facing unprecedented challenges. According to statistics, 26% of the population of the world's developed countries, more than 75% of world consumption of energy and 80% of the resources, protection of their natural resources, developing countries predatory exploitation of natural resources, thus exacerbating the shortage of resources and ecological damage. reform and opening up the past For three decades, China has achieved remarkable economic Development success, but domestic economic growth is based on the higher energy consumption, ecological destruction great foundation. water ecological civilization construction of ecological civilization construction of a launch site and the city propulsion. build an ecological civilization and the river very close relationship.
Second, the establishment of water ecological systems
(A watershed ecological compensation system
Germany and the United States since the 20th century, since the seventies and eighties and formulated a series of ecological compensation system .90 end of the decade, the field of watershed management to introduce eco-compensation mechanism, the focus point to the source basin area, the ecological function areas and less developed regions [1]. Research Environment and Resources Law of the ecological compensation should refer to restore, maintain and enhance the ecological functions of river basin ecosystem, watershed resources, ecological benefit function impairment that led to the Development or use of those natural resources as well as improving tax collection, maintain or enhance ecological services and to make special sacrifices were given to the economic and non-economic forms of compensation system.
(B ecological environment of water rights
Environment water rights refer to the ecological environment of water resources Development and utilization of the sum of all the rights, water rights are generally covered with 3 kinds of rights (ownership, use rights and management rights).
From foreign experience, the ecological environment of water rights generally or by a government agency set up to enjoy the non-governmental public bodies. From the actual situation of the Haihe River Basin, Water resources defined to adjust the initial allocation of water rights, established environment water rights to provide the best opportunity.
(Sanshui ecological security system [2]
They were able to effectively serve the purpose of the individual. Water that has no important economic value, but also have great ecological value, and water resources and ecological functions of economic interdependence and affect. Must meet the statutory requirements maintain healthy growth through the financial sector and other legal procedures such as registration and approval, the United States, Canada, Japan and the Netherlands and other countries were developed sudden environmental pollution accident emergency Laws .1993 1 May the European Commission's <"On the remedying of environmental damage to the Green Paper>>, which involves a joint remedy environmental damage compensation system, while actively engaged in long-term establishment of mechanisms for pollution control.
Therefore, China should actively learn from foreign-related basin water pollution emergency treatment of sudden experience, improve the existing watershed legal mechanism for sudden water pollution emergency response to ensure water safety.
(D water pollution fee system
1. Charged sewage fees
Germany in 1976 to develop and implement <<Sewage Charge Act "" 1994 was re-revised. Germany is the effective water pollution control, and its color points out, is also key point is to focus and strengthen water pollution control.
2. Environmental tax (pollution tax
Germany in August 25, 1998 revised <<Waste Tax Act "> provides waste water discharge people to pay tax.
In 1970, the Dutch government issued a <<Surface Water Pollution Control Law ">, its purpose is to prevent the pollution of ground water resources. Are the U.S., Britain, the collection of water charges in these countries are also included in the sewage charges collection. [3] Water Pollution in China is currently no tax system, drawing on the issue, the Western developed countries to implement the "green tax" to develop water pollution for China's tax Laws will undoubtedly provide a model.
4. Deposit system
Norway is the world's system of early implementation of the green deposit one of the countries, the German government Jan. 1, 2003 green deposit system has been implemented. There is no green deposit system of practice, individual cities have done to try some of this , but they all failed. Therefore, whether from environmental pollution of the current severe situation of environmental legislation or guidance from our point of view, are necessary to establish this system in our country.
Third, the water ecological civilization construction of legal system
(A Chinese water ecological civilization construction of legal system
Water resources protection of the legal system in China began in the 20th century, 70 years, the Law on protection of water resources are: <<Environmental Protection Law "> <<Water Law"> <<Water Pollution Control Law "> <<Soil and Water Conservation Act" > <<Flood>> and other laws [4]. Links http://www.hi138.com Research Papers Download from March 1, 2010 onwards, "<Guiyang City to promote ecological civilization construction regulations>> to started implementation, it is a comprehensive ecological protection laws, it is the first to promote the construction of ecological civilization local regulations .2008 March 20, the exclusive contractor of Environmental Protection in Beijing the "First in Environmental Protection water ecosystem exchange "in the hold, at which the two sides to ecological protection and restoration of water hot topics of the discussions, China's current environmental crisis and pollution of water conducted in-depth exploration and exchange, and jointly published <<improvement Declaration of the ecological environment of water>>.
(B Foreign Water ecological civilization construction of legal system
1. United States
To some extent, the U.S. Environmental Protection Environmental Protection history is a legal history, legal protection of ecological environment in the United States through all the work. From the original mainly rely on common law, statutory protection of sporadic Development environment, developed to Now the Development of a large number of statutes, to establish a better legal system to protect the ecological environment. U.S. Environmental Protection legal system mainly by these three legal form, including "" State Environmental Policy Act "> <<Clean Air Act"> <<Clean Water Law "> <" Safe Drinking Water Act "> <<Solid Waste Prevention Law"> <<Endangered Species Act "> <<Combat Pollution Law"> <<Coastal Zone Management Law "> <" Forests and pastures Renewable Resources Planning Act "> and so on.
2. Japan
Japan's legal system to water resources management <<Water Resources Development Promotion Law "> as a leader, mainly including" <Water Resources Development Public Corporation Law "> <<Regional Water Special Measures Law"> <<River Law "> << specific multi-purpose dam Law "> <<Power Development Promotion Law"> <"Industrial Water Law"> <<waterways Law "> <<Water Preservation Law"> <<water pollution prevention Act "> and so on.
3. EU
EU legislation on protection of water resources is borrowed from the countries on the basis of water law, and the United Kingdom and other developed countries early in the 16th century on the development of the Water Act .1975 on the extraction of human EC related to drinking water to the rivers, lakes developed a <<Surface Water Act>> .2000 the EU under the 25 years the results of various laws and social development in the implementation of the new requirements, promulgated and implemented the <<water policy framework for community action in the field>> make it guide EU countries in the new century, water the fundamental law of conservation and utilization of resources.
4. UK
Britain is the world's first industrialized country, but also the first formulation of the national water law. After World War II, issued a series of laws related to water resources management, including "<river clean Law" "(1960)," < Land Drainage Act "" (1961) <<Rivers Pollution Prevention Act "" (1961), "<Water Act" "(1963)," "Transportation Law" "(1968) <" Agricultural Law "> (1970), "<frog fish and freshwater fish Law" "(1972)," <Water Act "" (1973, 1983, 1989), "<Pollution Control Law" "(1974) and so on.
References:
[1] Wei Shanfeng, building advanced environmental monitoring and warning system [N]. China Environment News, 2006
2] Yu Yan-Sheng, China Water Conservancy and Water Management Volume Encyclopedia [M]. Beijing: China Water Power Press, 2004
[3] Yuan Hong Ren, Guo-Ping Wu, "<Water Resources Protection and Legislation>> China Water Power Press, 2002 Links to Research Papers Download http://www.hi138.com
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