高级检索

从地方到中央:中国古树名木保护立法中的法律责任

From Local to Central: Legal Responsibilities in the Legislation for the Protection of Ancient and Famous Trees in China

  • 摘要: 近年来,我国对于古树名木的保护愈发重视。本文对中国古树名木保护立法中的法律责任问题进行了较为全面和系统的考察,通过对中国55部省级地方立法中涉及古树名木保护行政相对人的法律责任进行清单式梳理,发现其呈现违法行为类型多样、承担方式以罚款为主的特征。同时,古树名木保护立法法律责任设定存在立法空白、抵触上位法、罚款数额差异大、城市规划区内外处罚依据不同等问题。为此,提出了未来应尽快出台国家层面古树名木保护条例以填补立法空白,统一城市规划区内外的处罚依据,科学设定违法行为,合理设定罚款数额的建议,为国家层面的古树名木保护立法提供参考。

     

    Abstract: A comprehensive and systematic examination of the legal responsibility in the legislation for the protection of old and valuable trees in China is conducted, and through the list combing of the legal responsibility of the administrative counterparts involved in the protection of old and valuable trees in the 55 provincial local legislations in China, it is found that they present a variety of types of offences, and the way of assuming the responsibility is dominated by the characteristics of fines. There are problems such as legislative gaps in the setting of legal responsibility for the protection of old and valuable trees in legislation, contradiction of the higher law, large differences in the amount of fines, and different bases for penalties inside and outside the urban planning area. In this regard, it is proposed that regulations on the protection of valuable and old trees should be issued as soon as possible at the national level to fill the legislative gaps, to unify the basis for penalties inside and outside the urban planning area, to set up offences scientifically, to set up reasonable fines, etc., so as to provide references for the legislation on the protection of valuable and old trees at the national level.

     

/

返回文章
返回