Insufficiency and perfection of the legal liability regulations in China’s grassland legislation
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Abstract
According to the legal responsibilities for illegal acts in the Grassland Law, 20 grassland laws and regulations of 13 provinces and autonomous regions were classified, and 8 kinds of illegal activities in the Statistical Analysis Report on National Grassland Illegal Cases issued by the Ministry of Agriculture from 2009 to 2018 were analyzed. Based on the data, four types of violations, including violation of the grazing prohibition and rest regulation on grassland, illegal temporary occupation and use of grassland, illegal reclamation of grassland, and violation of the regulation on grass-livestock balance, were found to have a high incidence rate and are highly destructive to the grasslands. By analyzing the legal responsibilities for these four illegal acts, comparing the similarities and differences of legal liability between the superior law and the subordinate law, it was found that there are shortcomings in the Grassland Law, such as legislative gaps, light fines, and lower-level laws that arbitrarily restrict the scope of punishment prescribed by higher-level law. It is recommended to address these legislative gaps, increase the amount of fines, and strengthen the connection between the Provincial Grassland and the Grassland Law.
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