Research on the Changes of Legal Themes Related to Ecological Protection and Restoration of Territorial Space in China

Abstract

Ecological protection and restoration of territorial space is a national strategy aimed at safeguarding China's ecological security and enhancing people's well-being in the new era of ecological civilization. Establishing a legal framework for ecological protection and restoration of territorial space is a key strategic requirement for China to build the "multiple pillars" of ecological civilization. However, the legal provisions related to ecological protection and restoration are currently dispersed across various environmental laws and basic environmental legislation, making it difficult to provide robust support for the construction of a comprehensive legal system for ecological protection and restoration of territorial space. This study employs a textual analysis to systematically review the history of China's ecological protection and restoration legislation since 1978, tracing the evolution of relevant environmental laws, revealing the legislative foundations for the protection and restoration of national land space, and offering critical insights and references for building a legal framework that promotes integrated protection and systematic governance of mountains, waters, forests, fields, lakes, grasses, and sands in the new era. The evolution of legal themes related to ecological protection and restoration of territorial space in China has undergone three stages: natural resource management and utilization (1978‒2011), single-element protection (2012‒2017), and barrier zone ecological protection and restoration (2018‒2023), marking three levels of transformation. From the perspective of legislative objectives, the focus has shifted from legislation concerning individual natural resources elements, such as mountains, water, forests, grasses, and seas, to comprehensive legislation targeting key regional ecosystems. In terms of legislative goals, the shift has been from single-element governance aimed at singular objectives to multi-objective, synergistic protection and restoration of mountains, water, forests, fields, lakes, grasses, sands, and more, through an integrated approach. Additionally, the legislative framework has transitioned from managing natural resources to managing integrated ecosystems. These changes and innovations have laid a foundation for China to establish a legal system for ecological protection and restoration of territorial space, focused on integrated protection and systematic governance of mountains, water, forests, fields, lakes, grasses, and sands in the new era. However, challenges remain, such as the absence of legal norms to implement the new concepts and approaches, unclear departmental responsibilities, and insufficient public participation mechanisms. Moving forward, it is essential to fully implement the ecosystem approach, develop a management system with centralized jurisdiction, joint coordination, and step-by-step refinement centered on the "two unified" responsibilities of the natural resources departments, and deepen legislation to enhance public participation. Additionally, leveraging the combined expertise of multiple disciplines and fields will support legislative research and practical exploration, leading to the comprehensive establishment of a legal system for the ecological protection and restoration of territorial space.

Keywords

• territorial space
• ecological conservation and restoration
• law
• thematic changes