Abstract:
Ordinance on Dianchi Protection (1988) is the first local legislation to protect plateau lakes in China. On the basis of full investigation, Ordinance of Yunnan Province on Dianchi Protection (2008) established such systems as basin management, hierarchical management and pollution charge and provided measures for restoring wetlands and improving the self-purification capacity of Dianchi Lake to comprehensively revise Ordinance on Dianchi Protection. The new ordinance adheres to the principle of democratic, scientific and law-based legislation, features prominent highlights, pertinence and operability and wins the support of all walks of life and the provincial government. However, the conflict between the concepts of “protection” and “development” shows different implementation effects of laws and regulations in the game of “key minority”. Public opinion plays an important role in the effective implementation of local regulations, but the implementation of local regulations cannot rely solely on public opinion supervision. It is a question worth paying attention to and thinking about whether or not the acts violating local regulations and causing serious losses should be investigated for criminal liability. It is suggested that the provisions of article 96 of the Criminal Code be amended in due course or interpreted by the legislature to bring local regulations into the context of “violation of national regulations”.