Study on the local laws and regulations legislation on Shanghai Yangtze Estuarine nature reserve for Chinese sturgeon(Acipenser sinensis)
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    Abstract:

    Since promulgation on April 15,2005,“Administration Measures of Shanghai Yangtze Estuarine Nature Reserve for Chinese Sturgeon”provides a powerful means of legal protection for an effective protection of Chinese sturgeon(Acipenser sinensis)and their natural ecological environment.However,due to regulations,adopting the principle of broad rather than detailed in the form of technical and specific legislative provisions on the law and a number of issues dealing with the fuzzy form,so many provisions can not meet the actual needs of the protection.In 2009,local laws and regulations legislation on the nature reserve was included in the legislative plan by Municipal People’s Congress.In this context,this article analyzes the legal system problems on the nature reserve,discusses the source of the problem,describes the feasibility of local laws and regulations legislation on the nature reserve.Firstly,there is a solid legal foundation.Secondly,local regulations will be up to the local laws and regulations after being implemented for some time which is in line with our legislative practice in China.Thirdly,local laws and regulations issued is the only viable way to solve the problems in the “Measures”.Some suggestions have been put forward on local laws and regulations legislation on the nature reserve.First,four goals of the legislation should be established.Second,we should adhere to two principles of the legislation.One is basic principles,which include the principles of sustainable development,precautionary principle,the principle of ecological priority,systemic protection principles.The other is the specific principles of local laws and regulations legislation,Including the local principle and the principle of creation.Last,six basic systems should be established,such as open management,characteristics of biological resources,land properties,ecological compensation,public participation,special ambulance with the domestication and breeding.

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CHEN Jin-hui, HUANG Shuo-lin, LIU Jian, ZHANG Ge-ming, WU Kai, WU Jian-hui. Study on the local laws and regulations legislation on Shanghai Yangtze Estuarine nature reserve for Chinese sturgeon(Acipenser sinensis)[J]. Journal of Fisheries of China,2011,35(4):620~626

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History
  • Received:December 21,2010
  • Revised:February 09,2011
  • Adopted:February 21,2011
  • Online: April 12,2011
  • Published:
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