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Ecological Civilization under the forestry administrative law enforcement system

Author: WuJing
Tutor: LiXiKun
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Logical Civilization Harmony Institution Environmental Administration Forestry Administrative and Enforcement Mechanism
CLC: F326.2
Type: Master's thesis
Year: 2009
Downloads: 49
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Abstract

Nowadays, the negative influence exerted by science and technology created by human beings’wisdom has far surpassed the earth’s ecological maximum burden. The cumulativeness and irrevocability that characterize the ecological damage have made the cost needed to heal the already damaged ecological environment much larger than the benefit produced from its being harnessed. Thus, the countries across the globe are increasingly paying attention to their domestic ecological protection and international cooperation. The nature is no longer regarded as what should be conquered and controlled.As regards the relationship between mankind and nature, the Chinese people have long held the concept of "the unity of heaven and mankind" since the old times. At the present, the general secretary of the Chinese Communist Party proposed "to build up ecological civilization" for the first time at the 17th Chinese Communist Party National Convention report. The central meaning of the concept is the harmonious coexistence between mankind and nature. It is for the first time throughout the globe that ecological protection as a civilized mandate has been elevated to the level of national enforcement. Civilization as the hallmark of societal progress, indeed, varies from national history and geography, yet ecology denies the boundary between nations in that any ecological system in a country is cross-influenced by its adjacent countries. Ecological crisis and the maintenance of ecological safety have emerged as worldwide strategic mission as well as the frequently discussed issues in international diplomatic field. Therefore, the proposition of the building up of ecological civilization has promptly been echoed all over the world.Against the aforementioned backdrop, this thesis attempts to make an analytical study of our national environmental legal enactment of ecological civilization. Among the national environmental legal enactment, environmental enforcement is the most important component, serving as the chief means by which the vast majority of environmental laws can function well in various social fields. Forest, the largest ecological system on land that possesses ample natural resources, is a crucial bondage that can connect mankind and nature in a harmonious manner. For this reason, it is of great necessity to study the forestry administration in order for forestry, as one of the main aspects of ecological building, to function as a basic role. Enforcement relies on enforcement mechanism heavily, and the imperfections of enforcement mechanism lead to the enforcement failure directly. At the present day, various deficiencies existing in current forestry administrative and enforcement mechanism have become the bottleneck that is hindering the development of forestry. In this sense, a comprehensive study of current administration and enforcement of forestry is an urgent problem that needs resolving.In this thesis, after a meticulous study of current administrative and enforcement mechanism in forestry, the author points out its defects in a limited length and also proposes corresponding suggestions for improvement in hopes of contributing his limited share for the building of ecological civilization.The whole text composes introduction, the body, and conclusion, and elaborates on its ideas from the following five sections:Firstly, this paper introduces relevant theoretical basis to prepare for the coming elucidation.Secondly, this paper discusses generally the ecological civilization, explains the definition and characteristics of ecological civilization and the great significance of ecological civilization building. Then, the relationship between the ecological civilization and forestry administrative and enforcement mechanism is posited.Thirdly, the thesis analyzes the major deficiencies existing in current forestry administrative and enforcement mechanism in limited space. These deficiencies range from our national forestry’s poor ability to coordinate, over-intervention by local government, the enforcement mechanism featured by no clear-cut boundary between governmental regulation and enterprise-wide internal management in national forestry enterprises, chaotic establishment of the enforcement departments in forestry section, unfocused enforcement authority, to ineffective enforcement by forest public security forces under the dual leadership.Fourthly, the thesis introduces the current enforcement mechanisms adopted by some forestry-proud countries and summarizes the points our country’s forestry section can learn.Lastly, within the perspective of ecological civilization, the thesis puts forward several suggestions for improving our national forestry administrative and enforcement mechanism and shows the author’s view for a better ecological civilization building and the realization of sustainable forestry development strategy.

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