生态红线法律制度的属性探析

Probe into Attributes of the Ecological Red Line as a Legal System

生态红线最初是作为一项政策被创制,2014年修订的《中华人民共和国环境保护法》将其法定化,成为"最严格的环境保护制度"之一。生态红线具有法律制度的规范效力,生态红线法律制度体系日益完备。作为国土空间管制制度之一,生态红线具有空间特性。生态红线划定和管理都是基于生态系统,生态红线具有生态系统导向。生态红线也具有明显的底线效应,要求人类在开发大自然的过程中不超越生态系统的承载力,同时生态红线划定的保护空间是维护国家和区域生态安全的底线。

The ecological red line was originally created as a policy before it was legalized by The Environmental Protection Law of the People's Republic of China revised in 2014 and became one of the ″most stringent environmental protection systems″. Since then,the ecological red line has taken its normative force as a legal system that is being complete and perfected. As one of the land space control systems,the ecological red line is featured spatial characteristics. With its delineation and management based on ecosystems,the ecological red line is eco-oriented as well. Ecological red line also has an obvious bottom line effect,standardizing human development within the carrying capacity of ecosystem; while delimitating a protecting space to maintain national and regional ecological security.