Legal Construction of Ecological Environment Safety in China From the Perspective of the Landslide Disaster in Diexi

Jiliang Jiang
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Abstract

Ecological environment safety is an important part of the "Overall National Security Outlook" in the report of the 19th National Congress. It is an important cornerstone for building beautiful China, creating a good production and living environment for the people, and making a contribution to global ecological security. In the context of the rule of law, China's environmental and ecological security is naturally inseparable from the help of it. Environmental ecological security consists of two parts in a broad sense. The first essential is the natural environment and ecological security (the first type of environmental problem), then comes to the adjustment of the relationship between the human and the natural environment (the second type of environmental problem). From the perspective of China's environmental and ecological security rule of law construction in recent years, it is mainly focused on solving the second type of environmental problems. The discussion on the rule of law construction for the first type problem has not received the attention it deserves. Based on the clarification of the relationship between the first type of environmental problems and the second type of environmental problem, this paper takes the landslide disaster in Diexi on June 24, 2017, as the entry point, and deeply analyzes the disaster-causing factors. Further, this paper summarizes the superposition effect of natural, technical and artificial factors. At the same time, through the textual analysis of relevant laws, regulations and policy documents issued by governments at various levels on geological disasters at that time, the common problems faced by China's environmental ecological rule of law construction were extracted, including the lack of legal system construction, imperfect administrative management system structure, and high-tech Insufficient popularity of technology applications and public awareness. In response to the above problems, the author puts forward corresponding countermeasures based on the actual situation
从叠西滑坡灾害看中国生态环境安全法制建设
生态环境安全是十九大报告中“国家总体安全观”的重要内容。它是建设美丽中国、为人民创造良好生产生活环境、为全球生态安全作出贡献的重要基石。在法治背景下,中国的环境生态安全自然离不开法治的助力。从广义上讲,环境生态安全包括两个部分。首先是自然环境和生态安全问题(第一类环境问题),其次是人与自然环境关系的调整问题(第二类环境问题)。从近年来中国的环境与生态安全法治建设来看,主要侧重于解决第二类环境问题。关于第一类问题的法治建设的讨论没有得到应有的重视。本文在厘清第一类环境问题与第二类环境问题关系的基础上,以2017年6月24日发生的叠西滑坡灾害为切入点,深入分析其致灾因素。进一步总结了自然因素、技术因素和人为因素的叠加效应。同时,通过对当时各级政府出台的有关地质灾害的法律法规和政策文件的文本分析,提炼出中国环境生态法治建设面临的普遍问题,包括法制建设缺失、行政管理体制结构不完善、高科技技术应用普及程度和公众意识不够等。针对上述问题,笔者结合实际情况提出了相应的对策
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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