西北干旱区野生植物及野生药材资源保护中的资源法规分析

LEGAL ANALYSIS AND SPECULATION ON PROTECTING WILD MEDICINAL MATERIAL RESOURCES AND WILD PLANTS RESOURCE IN NORTHWEST CHINA

西北地区野生药材资源和野生植物资源的滥采乱挖不仅引起了资源的迅速衰竭 ,而且还破坏了当地的草地资源 ,区域的生态环境也随之渐趋恶化。从产权制度、许可制度、保护制度等资源法律制度入手分析了滥采乱挖屡禁不止的主要原因 ,并进而提出了加强资源法制建设的多种途径和对策 :(1)完善资源产权制度 ,实现资源产权的具体化、实体化 ;(2 )依法行政 ,实现资源开发利用和经营的法制化管理 ;(3)重新审视资源的价值 ,合理确定资源的保护级别 ;(4 )加强资源法制宣传 ,提高群众的法律意识。

Northwest China is one of ecologically fragile areas in China. This area is arid with little precipitation and vast area of desert. Rapid desertification is one of its prominent characteristics. In this area, natural vegetation is of great significance to environment, but disorderly exploitation is prevalent. Such behavior not only induce resources as wild medicinal materials resources and wild plants resources to decrease in rapid pace, but destroy the local grassland resources. As a result, local environment is deteriorating gradually. This article analyzes the reasons that this kind of behavior occurs repeatedly even after having been banned. These reasons can be expressed in several aspects: (1) the property right subjects of natural resources are somewhat unclear and nominal, and the regulation of rights to exploit, to protect and to manage are blurry; (2) there are some defects in permission system and management system, and implement of relevant laws is weak; (3) the natural resources protection system is lack of concrete content and maneuverability. To protect wild medicinal materials resources and wild plants resources, to conserve biodiversity and maintain local ecological balance, four approaches to strengthen legal system of natural resources are proposed as follows: (1) consummating property right system to realize materialization and embodiment; (2) administrating legally to achieve strict management system; (3) revaluing the natural resources, and defining the protecting grade of natural resources rationally; (4) strengthening propaganda of legal system to enhance the legal consciousness of the public.