【作者】 周磊；

【导师】 赵惊涛；

【作者基本信息】 吉林大学 ， 法律， 2010， 硕士

【摘要】 当今社会生态危机日趋严重,生态安全已经与国防安全、经济安全、金融安全等具有同等重要的战略地位,并构成国家安全、区域安全的重要内容。保持全球及区域性的生态安全、环境安全和经济的可持续发展等已成为国际社会和人类的普遍共识。生态安全作为国家安全中的重要组成部分,越来越受到人们的关注。本文从生态安全的内涵、本质以及其表现和成因入手,对我国现行生态安全立法进行了评析,讨论了我国生态安全立法的必要性。同时,在借鉴美国、德国等国家生态安全立法经验的基础上,对完善我国生态安全立法提出了建议。更多还原

【Abstract】 Ecological security is defined within a certain time or space, human and various eco-systems to maintain their structural integrity and functioning properly and sustainable development. At the same time various types of human and ecological systems to maintain a dynamic balance between the various eco-systems can provide mankind with a more comprehensive ecological services and to guarantee the sustainable development, and human development can also take into account other types of ecosystem protection and the development of a national security system. Worsening ecological crisis in today’s society, ecological security and national defense has safety, economic security, financial security and other equally important strategic position, and constitute national security, regional security, important content. Maintaining global and regional ecological security, environmental security and sustainable economic development have become the international community and the general consensus of mankind. In this paper, the ecological security-depth analysis, drawing on foreign experience in ecological safety legislation, to China’s ecological safety, legal issues to do further research, thereby enriching and improving our country’s ecological securitylegislation.A total of five parts, including full use of parallel structural arrangements, through the connotation of ecological security, the main features of the main problems and their causes, and foreign eco-security legislation, inspection, China’s ecological security legislation, the status quo, improve China’s ecological security legislation, etc., for our country ecological security in-depth study of legal issues.The first part, a summary of ecological security, using illustrative expression. About what is "ecological security" at home and abroad there is no uniform definition. Academic discussion of the whole can be divided into two categories, respectively, from the perspective of broad and narrow understanding of ecological safety. Broad ecological security with biological cells, tissues, individual, population, community, ecosystem, ecological landscape, ecological zones, land and sea ecology and human ecology. The narrow sense refers specifically to the human ecology of ecological security system security, that is, mankind’s survival of the environmental security as the target. Ecological security of the four main features are comprehensive and complex nature of externalities, strategic. The second part, to discuss major issues of China’s ecological security and their causes. At present, China’s ecological security face many problems, mainly in the following six areas: land resource security, water security problems, the air environment, safety, food safety, biotechnology, environmental security, natural disasters, frequent problems. Caused by a low degree of ecological safety of the state because of the irrational use of natural resources, national decision-making mistakes, the traditional extensive production and consumption patterns, the lack of effective mechanisms for pesticides, fertilizers, feed additives and genetically modified unified effective management of foreign species into the lack of effective regulation.The third part of the United States, Germany, Japan, Russia, the country’s ecological security legislation to conduct investigations. The United States in the guiding ideology of environmental legislation from a governance-based to a prevention-oriented changes, the implementation of integrated environmental protection. In 1990 the U.S. Congress passed the“Pollution Prevention Act”, provides for a“source contro”and“3R”principles of a system characterized by a set of source reduction, pollution prevention and control to achieve ecosystem management thinking. German norms on natural resources damages, mainly in 1990,“Environmental Liability Law”. The Act emissions lead to environmental damage to industrial equipment of all the specific implementation of strict liability. Japan’s“Basic Environment Act”, focusing on the protection of ecosystems, while in order to build a society of sustainable environmental conservation as the goal, and actively promoting international environmental protection, construction of ecological security protection for the Japanese legal system has laid a legal foundation system, which was constructed in order to“Environmental Basic Law”. The basic idea for the center established a complete legal system of a unified system of ecological security. Russia issued a series of policies and legal documents to clarify the state in dealing with ecological security policy on the issue for the country to protect ecological security of the legislation provides guidance.The fourth part of the assessment of ecological safety legislation. Presented an overview of China’s ecological security legislation, as well as the existence of defects and the need for ecological safety legislation. At present, China’s ecological safety legislation are the main flaw of the modern transformation of China’s environmental legislation is lagging behind, ecological efficiency, economic compensation mechanism has been established, laws and regulations, lack of coordination. Eco-security crisis worsening, the state must establish recycling-based society, preserving China’s sovereignty claim over the environment and resources we need to establish the ecological security legislation system, and improve China’s ecological security legislation.Fifth part, proposed a change from five complete ecological safety of China’s legal system. First, ecological security should be established to protect the legal system, from an overall perspective on China’s ecological safety protection. Second, the establishment of economic decision-making of environmental impact assessment system in the country’s ecological security, economic decision-making has played a very significant impact on economic decision-making should therefore be carried out on the environmental impact assessment. Thirdly, to strengthen our safety management of bio-genetic objective needs, establish and improve the bio-genetic safety legislation, biotechnology, genetically modified organisms and genetically modified to conduct law-based administration, ranging from biotechnology research, development, use start to the general use of genetically modified organisms, release, disposal, and genetically modified products in the market and so on various segments of the control of legal norms. Fourth, to enhance the ecological aspects of the executive authorities of administrative enforcement capacity and training of law enforcement subjects of ecological quality, strengthen the government’s environmental responsibility, environmental responsibility to establish accountability. Fifth, establish a universal awareness of ecological security, and enhancing people’s sense of urgency to maintain ecological safety.In this paper, the above-mentioned five-part study of the legal issues of ecological security of our country. My aim is to provide legal support to protect ecological security, improve the ecological safety of China’s legal system to better protect China’s ecological safety.更多还原