On the basic legal system of natural resources protection.

First, the legal system of environmental protection in China

China has a long history of environmental legislation. Modern environmental law began in the late 1970s and developed rapidly. 1979. China passed the first environmental protection law, People's Republic of China (PRC) Environmental Protection Law (for Trial Implementation). By the end of 1998, China * * * had promulgated 6 environmental protection laws, 9 environmental resources laws, 34 administrative regulations on environmental protection, more than 90 regulations of environmental protection departments, more than 900 local regulations and local government regulations on environmental protection, and 6 military regulations on environmental protection, and concluded and participated in 37 international environmental conventions, initially forming a legal system of environmental protection with China characteristics and becoming a socialist legal system in China.

In order to meet the objective needs of economic development and environmental protection, the NPC Standing Committee adopted the decisions on amending the Law on Prevention and Control of Air Pollution and the Law on Prevention and Control of Water Pollution in 1995 and 1996 respectively. 1In March, 1997, the revised Criminal Law of People's Republic of China (PRC) added the crime of damaging the protection of environmental resources.

Environmental standards are an important part of the legal system of environmental protection and the technical basis of environmental protection law enforcement and management. The first environmental standard of China, the Trial Standard of Industrial "Three Wastes", was born in 1973. With the in-depth development of environmental law enforcement and management, the content of environmental standards has become increasingly rich, forming an environmental standard system that conforms to both national conditions and international standards. By the end of 1998, China had issued 4 12 national environmental standards over the years, and there are currently 36 1 items, including 80 environmental quality standards, 80 pollutant discharge standards, 230 environmental monitoring method standards, 29 environmental standard sample standards and/kloc-environmental basic standards.

Related information: Basic Law of People's Republic of China (PRC) on Environmental Protection.

Second, the basic principles of China's environmental protection law

The basic principles of environmental protection law are the legal embodiment of environmental protection policies, the guiding norms for adjusting social relations in environmental protection, and the guidelines that must be followed in environmental protection legislation, judicature, law enforcement and law-abiding. It embodies the essence of environmental protection law and runs through the whole process of environmental protection legal system construction, which is of great significance.

1. The principle of coordinated development of economic construction and environmental protection

According to the requirements of economic law and ecological law, the environmental protection law must conscientiously implement the "three-synchronization policy of simultaneous planning, simultaneous implementation and simultaneous development of economic construction, urban construction and environmental construction" and the "three-unification policy of economic benefits, environmental benefits and social benefits".

2. The principle of putting prevention first and combining prevention with control.

The principle of putting prevention first is the principle of "nip in the bud". Preventing pollution in environmental protection can not only improve the utilization rate of raw materials and energy as much as possible, but also greatly reduce the generation and discharge of pollutants, reduce the risk of secondary pollution, reduce the terminal treatment load, and save environmental protection investment and operating expenses. "Prevention" is the primary task of environmental protection. However, according to the current technical and economic conditions, it is also very difficult for industrial enterprises to achieve "zero emission" and must be combined with governance.

3. The polluter pays principle

The polluter pays principle, which is commonly referred to as "whoever pollutes will treat" and "whoever develops will protect", is based on a clear economic responsibility for pollution control and environmental protection.

4. The principle that the government is responsible for environmental quality

Environmental protection is a complex and arduous task involving politics, economy, technology and society, and it is a basic national policy of our country, which is related to the long-term interests of the country and people. It is one of the important responsibilities of the government to solve this overall and comprehensive problem.

5. The principle of relying on the masses to protect the environment

The quality of the environment is related to the vital interests of the masses, so protecting the environment is not only the obligation of citizens, but also the rights of citizens.

◇◇◇ III. Basic legal system of environmental protection in China◇◇◇.

The fourth chapter of the Environmental Protection Law summarizes the effective environmental management system that has been implemented in China for a long time and makes the provision of 1 1. At present, there are eight institutional measures for environmental management in China, namely: (1) environmental impact assessment system; (2) the "three simultaneities" system; (3) sewage charging system; (4) environmental protection target responsibility system; (5) Quantitative evaluation system for comprehensive improvement of urban environment; (6) Pollution discharge permit system; (7) Centralized pollution control system; (8) Pollution source treatment system within a time limit.

The following focuses on the environmental impact assessment system, the "three simultaneities" system, the sewage charge system, the quantitative assessment system for comprehensive improvement of urban environment and the sewage permit system, and the rest is briefly introduced.

Environmental impact assessment system

This system stipulates that any development and construction project that has an impact on the environment must first make an environmental impact assessment of the project, make clear the possible impact of the project on the environment and put forward countermeasures, prepare an environmental impact report and report it to the competent environmental department for approval before construction can be carried out.

At the same time, the requirements for the preparation of the environmental impact report of construction projects, the examination and approval authority, and the qualification examination system for units engaged in environmental impact assessment are stipulated.

The system mainly includes the following aspects:

1) stipulates the scope of application of environmental impact assessment, that is, new construction, reconstruction, expansion, technical transformation projects and all imported projects, including regional construction projects, which have an impact on the environment, must implement the environmental impact report approval system.

2) The timing of evaluation is specified, that is, the environmental impact assessment report (report form) of the construction project must be completed in the feasibility study stage of the project.

3) clearly put forward the main body of the environmental impact report, namely the development and construction unit.

4) The basic contents of environmental impact assessment report and environmental impact assessment report form are specified.

5) The procedures for environmental impact assessment are specified, including the project screening procedures for filling in the environmental impact report form or writing the environmental impact report; Working procedures for environmental impact assessment and approval procedures for environmental impact reports.

6) The unit undertaking the assessment and the qualification examination system are defined.

7) Clarify the sources of funds for environmental impact assessment and the collection of work expenses.

8) Other supporting measures are stipulated. Such as the "three simultaneities" system.

The environmental impact assessment system provides a scientific basis for project decision-making, project site selection, product positioning, construction planning and scale, and environmental monitoring and management after completion.

On June 5438+00, 2002, the Law of the People's Republic of China on Environmental Impact Assessment was promulgated, and it was implemented on September 1 2003. The environmental impact assessment has gradually changed from the isolated assessment of a single project in the past to the regional comprehensive assessment, and the environmental impact assessment of the project runs through. It meets the needs of China's regional economic development and lays a solid foundation for the prevention and control of regional environmental pollution, especially the implementation of regional total control technology.

"Three simultaneities" system

The so-called "three simultaneities" means that the environmental protection facilities of new expansion and renovation projects and technical renovation projects should be designed, constructed and put into operation at the same time as the main project.

"Three simultaneities" system is an earlier environmental management system in China, which originated from the practice of pollution prevention and control in the early 1970s. The birth of this system marks a new step for China to control new pollution. On the basis of summing up practical experience and teaching and training, revised and improved in 1986, the State Council Environmental Protection Committee, the State Planning Commission and the State Economic and Trade Commission jointly promulgated the Management Measures for Environmental Protection of Construction Projects, which specifically stipulated the contents of "three simultaneities".

Pollution charging system

The system of collecting sewage charges is to charge a certain fee according to the type, quantity and concentration of pollutants for polluters who discharge pollutants into the environment or exceed the national discharge standards.

Article 28 of the Environmental Protection Law stipulates: "Enterprises and institutions that discharge pollutants that exceed the national or local discharge standards shall pay the excessive sewage charges in accordance with state regulations and be responsible for treatment." The excessive sewage charges collected must be used for pollution prevention and control and shall not be used for other purposes. Article 15 of the law on the prevention and control of water pollution further stipulates: "enterprises and institutions that discharge pollutants into water bodies (sewage does not exceed the standard) shall pay sewage charges in accordance with state regulations."

Quantitative evaluation system for comprehensive improvement of urban environment

The so-called comprehensive improvement of urban environment means taking the urban environment as a system. As a whole, using the theory and method of system engineering, we adopt multi-functional, multi-objective and multi-level comprehensive strategies, means and measures to comprehensively plan, manage and control the urban environment, and exchange less investment for the optimization of urban environmental quality, so as to achieve "simultaneous planning, simultaneous implementation and simultaneous development of economic construction, urban and rural construction and environmental construction", thus effectively solving complex urban environmental problems.

The quantitative assessment of comprehensive improvement of urban environment is produced by the actual needs of comprehensive improvement of urban environment, which not only makes comprehensive improvement of urban environment quantitative and standardized, but also enhances transparency and introduces social supervision mechanism. Therefore, the implementation of this system has effectively brought environmental protection into the government's agenda.

According to the principle that the mayor is responsible for the quality of urban environment, the main object of quantitative assessment of comprehensive improvement of urban environment is the urban government. The assessment scope is divided into two levels: (1) national assessment. This is a direct assessment of the comprehensive improvement and protection of urban environment organized by some city governments. At present, there are 32 cities directly taking national examinations, including four municipalities directly under the Central Government, including Beijing, Tianjin, Shanghai and Chongqing, 25 provincial capitals and autonomous region capitals (except Lhasa and Taiwan Province), and three cities including Guilin, Suzhou and Dalian. (2) provincial (autonomous region) level assessment. The cities assessed across provinces and autonomous regions shall be determined by the people's governments of provinces and autonomous regions. According to incomplete statistics, from 65438 to 0990, there were 242 cities assessed by provinces and regions.

The contents of quantitative assessment: environmental quality, pollution control, environmental construction and environmental management, ***27 indicators, with a total score of 100. Among them, (1) there are 7 indicators for evaluating urban environmental quality, with a score of 30. Include annual daily average of total suspended particulate matter in the atmosphere, annual daily average of sulfur dioxide, annual daily average of nitrogen oxides, compliance rate of drinking water quality, compliance rate of urban surface water quality, average of regional environmental noise and average of urban traffic trunk noise. (2) There are 9 indicators to evaluate the ability of urban pollution control, with a score of 34. Including the reduction rate of total discharge of water pollutants, the reduction rate of total discharge of air pollutants, the coverage rate of smoke control area, the coverage rate of environmental noise standard area, the compliance rate of industrial wastewater discharge, the compliance rate of automobile exhaust, the popularization rate of civil briquette, the comprehensive utilization rate of industrial solid waste and the disposal rate of hazardous waste. (3) There are 6 indicators for evaluating the level of urban environmental infrastructure, with a total score of 20 points. Including: urban sewage treatment rate, urban central heating rate, urban gasification rate, domestic garbage treatment rate, green coverage rate of built-up areas and coverage rate of nature reserves. (4) The score of environmental management index is 15, with 4 major items and 6 minor items. Including: the investment index of urban environmental protection, the construction of environmental protection institutions, the implementation rate of "three simultaneities", the collection area of sewage charges, the collection rate of sewage charges, the operation rate of pollution prevention facilities, etc.

Pollutant discharge permit system

The pollutant discharge permit system is an administrative system with legal significance, which aims at improving the environmental quality and based on the total pollutant control, and stipulates the types, quantities, properties, whereabouts and ways of pollutant discharge.

The system mainly needs to declare and register the pollutant discharge first, and generally needs the following contents: (1) Basic information of pollutant discharge units; (2) production process, product and material consumption (including water consumption and coal consumption); (3) Pollution discharge status (including discharge type, discharge direction and discharge intensity); (four) the construction and operation of pollution treatment facilities; (5) Geometric position and plane schematic diagram of sewage discharge device. After the declaration and registration form of each unit is submitted, the environmental protection department will organize the summary and filing. The main contents of the summary should be: (1) daily emissions of various pollutants; (2) Total annual discharge of various pollutants; (3) Sorting and numbering the reporting units according to the pollutant discharge; (4) Draw a schematic diagram of regional pollutant discharge, and put forward the position of each sewage outlet, the type, quantity and concentration of discharged pollutants, etc. (5) Systematically analyze the pollution discharge of each reporting unit and determine the control targets of key pollutants; (6) Establish pollution declaration and registration files.

Secondly, it is necessary to plan and allocate the total pollutant discharge indicators. After the total pollutant discharge control index is determined, the distribution of total pollutant reduction index is the core work of pollutant discharge permit issuance and management. If a region wants to scientifically determine the total pollutant emission control index and reasonably allocate the pollutant reduction index, it must comprehensively consider and analyze the local environmental objectives, economic and economic development, financial strength, treatment technology and other factors. Total air pollution control mainly considers energy structure, energy consumption and combustion mode. The total amount control of water pollutants mainly considers the water quantity and quality, the total amount of water used and the total amount of replacement in river basins and regions. The control of solid waste mainly considers the types and total amount of solid waste discharge, transportation and other factors.

Finally, the certification will be reviewed by the competent authorities. The examination and approval of pollutant discharge permit is mainly to limit the quantity, mode, direction, place and time of pollutant discharge. The sum of the discharge amount of each extended pollution source must meet the problem control index and leave room. In this stage of work, it is necessary to determine the type of pollutant discharge permit (temporary or formal), negotiate with the enterprises that have obtained the pollutant discharge permit, and finally issue the permit. Permission can take the form of openness and notarization, giving it seriousness. The approval and issuance of pollutant discharge permits shall be managed by a special person, and a complete working procedure shall be established from application, approval to change.

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System of paid use of natural resources

(1) Concept and function of paid use system of natural resources

The system of paid use of natural resources refers to a set of management measures that the state charges a certain fee to units or individuals who develop and utilize natural resources. It is a management system established and developed under the situation of the expanding population and the shortage of natural resources, and it is the legal embodiment and confirmation of the value of natural resources.

For a long time, natural resources have been occupied, developed and utilized as worthless things for free. Even in some authoritative theories, natural resources without human labor condensation are considered worthless, which leads to over-exploitation and waste of natural resources. With the increase of the earth's population, the natural resources on the earth are becoming scarcer and scarcer. There was even a resource crisis in the 1960s and 1970s. At present, in many parts of the world, the shortage of fresh water resources and forest resources has become an indisputable fact, and the shortage of wildlife resources has made some wildlife extinct or on the verge of extinction. This has caused people to reflect on the theory of "priceless resources" and put forward and established the value and value theory of natural resources. Now, the concept that natural resources are valuable has been accepted by most economists and has been reflected in the economic policies and legislation of many countries. The legal system that embodies the value of natural resources is the system of paid use of natural resources. The establishment of this system has many meanings and functions. First of all, it is conducive to promoting the rational development and economical use of natural resources; Second, it is conducive to raising funds for the development of new resources and the protection and restoration of natural resources; Third, it is conducive to ensuring the sustainable utilization of natural resources and promoting the sustainable development of economy and society.

(2) the form of paid use of natural resources

Due to the specific conditions of different countries and regions, the paid use of natural resources has different forms. Taken together, there are basically two forms, one is to collect taxes and the other is to collect fees. Countries with more developed market economies usually take the form of taxation, while developing countries and countries with economies in transition generally take the form of fees. But most countries both collect taxes and charge fees. In terms of taxation, some of them are aimed at developers, such as the timber harvesting tax levied in Costa Rica; Some tax operators, such as timber trade tax, wildlife and its products trade tax; Some levy environmental resources maintenance tax on major development projects that can cause resource damage; Have a plenty of natural resources construction tax.

Natural resources archives system

Natural resources archives are the general name of all kinds of documents and materials collected, sorted, filed and kept in a certain way. The purpose of establishing natural resources archives is to grasp the present situation and changes of natural resources, evaluate the effects of natural resources development, utilization, protection and management, and provide reliable basis for compiling natural resources planning, determining development and utilization objectives and protection and management measures.

The law stipulates the types, grades, applicable objects, contents, scope, data updating time, consulting and borrowing methods, storage technology, facilities and equipment, storage institutions and their management requirements of natural resources archives. This is the legalization of natural resources archives. Some laws and regulations on natural resources in China clearly stipulate the file system. For example, the Forest Law stipulates the file system of forest resources, the Wildlife Protection Law stipulates the file system of wildlife resources, and the Wildlife Protection Ordinance stipulates the file system of wildlife resources. The land management information system stipulated in the Land Management Law is a more comprehensive land resource file. However, at present, there is no unified legislation on natural resources archives in China, and the requirements of various natural resources archives systems are extremely inconsistent.

Natural resource licensing system

The natural resource licensing system, also known as the natural resource licensing system, refers to a set of management measures that must be applied to the relevant management authorities before engaging in the activities of developing and utilizing natural resources, and can only be carried out after examination and approval. It is the legalization of administrative license of natural resources, and it is an important means for natural resources protection management organs to supervise and manage natural resources protection.

Through the implementation of the natural resources licensing system, all kinds of natural resources development and utilization activities can be brought into the track of unified national management and strictly controlled within the scope stipulated by the state. It is conducive to the prior examination and control of various activities in the development and utilization of natural resources, and does not approve activities inconsistent with the sustainable development of natural resources. At the same time, it is also conducive to setting restrictions and special requirements for the ticket holders according to the changes and needs of the objective situation, which is convenient for the issuing authority to effectively supervise and manage the ticket holders.

Natural resource license can be divided into three categories according to its nature: first, resource development license. Such as forest cutting license, mining license, fishing license, collection license, etc. ; The second is the resource utilization license. Such as land use certificate, grassland use certificate, breeding use certificate, etc. The third is the resource import and export license. For example, wildlife import and export license. From the form of expression, some are called permits, and some are called certificates or certificates.

China generally implements a licensing system for the protection and management of natural resources. In terms of land resources, there is the Land Use Right Certificate; In terms of grassland resources, there are "grassland use warrants"; In terms of forest resources, there are forest cutting licenses and timber transportation licenses; In terms of mineral resources, there are mining licenses and exploration licenses; In terms of fishery resources, there are breeding licenses and fishing licenses; In terms of wildlife resources, there are special hunting and catching licenses, hunting license, domestication and breeding licenses, and import and export licenses; In terms of water resources, there are water permits and so on.