军事环境保护法律制度研究
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Abstract

Scientific Concept of Development is the core idea and the fundamental requirements of our country and military work in the new era. As a part of im-portant contents of the comprehensive, coordinated and sustainable develop-ment, military environmental protection(MEP)has become an important material foundation to maintain the country's whole security and to promote the military's comprehensive construction. Under the background of governing the country and the military according to law, to adjust all kinds of social re-lations in MEP task by the improvement of the legal system, will no doubt be the only way for China's MEP. However, our existing legal not only has lagged behind in the legislative idea, but also has deficiencies of the system's integrity, the content's operability, as well as the legal's rationality, all these deficiencies above delay the process of standardization about MEP. So, estab-lishing the consciousness that safeguard national environmental security ac-cording to law and amending the shortcomings of the existing MEP legal sys-tem are imperative in the new century. The measures will help us minimize the extent of damage that caused by military activities according to the law, and make the military interests and environmental interests coordinate and u-nite under the premise of law. All the efforts have strategic importance for the national defense and military building in the new period, as well as for better protection of the national security.

The thesis began with the environment pollution and destruction caused by military activities, then tried to elaborate the question which present MEP legal regime exists, then analyzed the reason with the main line of improving the legal system of our country's MEP. The last and the most important, the thesis proposed the pertinence countermeasures and the suggestions in this foundation. The whole thesis altogether divided into ten parts.

The introduction part mainly introduced the theory and the practical sig-nificance of conducts the research to the MEP legal regime.

The first chapter revolved the environmental destructions that caused by military activities, tries to elaborate the direct and the indirect destructions which military activities created to environment. By this, emphased the ne-cessity of improving military environmental protection legal regime and carring on the MEP according to the legal.

The second chapter analyzed four elementary theory question of the mili-tary environmental protection legal regime, which are the concept, the adjust object, the content, and the function. Then the chapter proposed that the military training, the warfare and other related military activities should be the emphasis of MEP legal regime. Finally the chapter analyzed the MEP legal regime function which takes the country environmental safety as the foundation.

The third chapter mainly elaborated the environment request that put for-ward by the international law to the military activities. At first, the thesis in-troduced related MEP legal regimes which belonged to international conven-tions and other international manifestos. Afterwards, the chapter analyzed the insufficiency of present international MEP legal system as well as the reference that our country should take from in the MEP legislation.

The fourth chapter introduced the main content of MEP legal regime in western developed countries, and then summarized the experience and the procedure on the aspects of MEP legal regime, and the environmental safety law consciousness, which our country would profited from.

The fifth chapter started from the historical development of our country's MEP legal regime, introduced the basic situation and the characteristic of our country's MEP legislation and the organizational structure, and then, the chapter elaborated on the environmental protection legislative work's achieve-ments.

The sixth chapter analyzed the question which our country's present MEP legal regime exists, mainly carried from three aspects, the system's in-tegrity, the content's operability, as well as the legal's rationality. Finally the chapter analyzed the reasons of these deficiencies.

The seventh chapter proposed the overall conception to improve our country's MEP legal regime, from the macroscopic aspects of our country's MEP legislation, such as the guiding ideology and the basic principle. The emphasis in present stage is that, the MEP legislation must take the Scientific Concept of Development as the main instruction and provide the re-liable legal safeguard for maintenance country's environmental safety.

The eighth chapter aimed at the question which our country's present MEP legal regime exists, proposed specific perfect measures for improving MEP legislation system, setting up environmental safety idea, filling legisla-tion blank, enhancing the content's operability and the legal's rationality.

The conclusion part not only forecast the future of our country's MEP and the legal regime, but also gave an impartial appraisal for the thesis.