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On the Concept of Ecological Protection Red Line |
Wang Shekun, Yu Zihao |
School of Law, Peking University |
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Abstract After the Third Plenary Session of the Eighteenth Central Committee proposed the concept of ecological protection red line, all localities and departments carried out the pilot work, but there were large differences in the understanding of the concept of ecological protection red line, with two dramatically different understandings in broad and narrow senses. In 2014, the “Environmental Protection Law” first proposed the concept, but the debate on it did not end. According to the methods of legal interpretation such as historical interpretation, semantic interpretation, teleological method of interpretation and system interpretation, the ecological protection red line in the “Environmental Protection Law” should have a narrow sense, meaning the geographic area warning lines to safeguard national ecological safety, without the function directly involved in environmental pollution and resource utilization. The State should formulate relevant laws and regulations as soon as possible, and clarify the specific rules of the system.
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