LI Defeng    Law School

Abstract：Since the new era, our country has persisted in the concept of ecological first and green development and attached great importance to the construction of ecological civilization, resulting in fundamental changes in our ecological environmental protection. At the same time, the improvement of the ecological protection system will play an important role in consolidating hard-won achievements in ecological and environmental protection and promoting the building of a beautiful China. As an innovative system in the construction of ecological civilization, the system of Ecological protection red Line has been formally established with the revision of Environmental Protection Law, shouldering an important mission of safeguarding national ecological security and realizing sustainable development. However, due to the initial exploratory nature of the reform, the Ecological protection red Line still faces many legal difficulties. First of all, due to the versatility of land resources and the different interest orientation of relevant planning departments as well as the lack of overall coordination in the early three-line planning, resulting the syncretism of the Ecological protection red line and Permanent primary farmland and Urban development boundary has space and management conflicts. Secondly, due to the lack of dynamic adjustment mechanism of Ecological protection red line, making it difficult for local governments to balance the "dynamic adjustment requirements" and "rigid stability" of the red line. Third, the fuzzy and deficiency of zoning planning and control standards causes Red Line management confusion and imprecision.Finally, the unclear legal liability investigation system makes the last safeguard mechanism to safeguard the Ecological protection red line fail, leading to the risk of breaking the Ecological protection red line. These problems affect the realization of the basic function of the Ecological protection red line to safeguard national ecological security. Therefore, it is necessary to improve these legal issues of the Ecological protection red line. In view of the conflict between the Ecological protection red line and the other two control lines, the conflict with Permanent basic farmland should be coordinated according to the characteristics of different divisions within the red line. At the same time, it should be clear that Urban development boundaries should give priority to avoiding ecological protection red line. For the lack of dynamic adjustment mechanism of Ecological protection red lines, the rules of red line transfer and the boundary adjustment rules between different divisions within the red lines should be perfected from both physical and procedural aspects, so as to balance the relationship between the "dynamic adjustment demand" of the red line and the "rigid stability" of the red line. For the unclear control rules of zones within the red line, the delineation standards of Class I and Class II control zones within the red line should be unified first, and then corresponding control measures should be determined according to the urgency of ecological protection in different zones. As the final guarantee to safeguard the Ecological protection red line, the legal accountability mechanism must be very clear. The subject of responsibility should include administrative subject and administrative counterpart, and the mode of responsibility bearing should be set according to different responsibility subjects, the subject of responsibility should also be identified.This is the only way to prevent buck-passing between government departments and ensure that violations of the ecological protection red line are effectively regulated.

Read the article here:    生态保护红线法律问题研究 (1).pdf