Because of the importance of environmental issues, China requires all construction projects to prepare environmental impact statements? Is this sentence right?

in recent years, the local environment of some famous scenic spots and nature reserves in China has been damaged by individual film and television crews. On the one hand, the economic benefits brought by this kind of "scenic film and television" to the local area are really obvious, but on the other hand, its damage to the local environment is even more distressing. At present, the relevant environmental laws and regulations in China do not have perfect norms for this kind of scenic photography. Therefore, this paper intends to start from this kind of environmental damage incident and make a related study on China.

Keywords lack of environmental awareness, improvement of legislation on tragic environment in the new commons

In recent years, the destruction of natural ecological environment by some film and television crews is increasingly becoming a serious and common social problem. Take the incident of "Wu Ji Ju lJ Group destroying Shangri-La's ecological environment" as an example. As early as November 23, the Diqing Tibetan Autonomous Prefecture Committee of Yunnan Province set up the "((T Ji Zu Qing Xie Pai Leading Group", and a deputy director of the Propaganda Department of the State Committee personally took the lead. In May 24, Chen Kaige led the Wuji Ju lJ Group to Shangri-La County, Diqing Tibetan Autonomous Prefecture, and in June of the same year ((K Jihan lJ Group was evacuated from Diqing Prefecture. In July, 25, the owner of Nanfengchuang visited Bigu Tianchi to disclose the news that the ecological environment of Tianchi was destroyed, but it did not attract enough attention. It was not until April 9th, 26, when Chou Baoxing, Vice Minister of the Ministry of Construction, severely criticized the behavior of the lJ group in the film, which damaged the ecological environment of Bigu Tianchi, that this destructive incident really attracted the attention of the world. On May 12, 26, experts from the State Environmental Protection Administration went to Tianchi to investigate the scene-destroying incident of Wuji crew, and initially determined that Wu Jiju lJ group destroyed the environment. On May 13th, 26, the Ministry of Construction issued a notice ((x) strictly restricting film and television shooting and other activities in scenic spots, requiring all localities to conduct a comprehensive inspection and clean-up of the buildings and structures built in scenic spots in this area for film and television shooting and large-scale performing arts activities before June. To cause minor damage, it is necessary to restore and compensate for the losses within a time limit; Causing serious damage, in addition to the deadline for recovery, but also to investigate the economic and legal responsibilities of the relevant units and personnel in accordance with the law. In August 26, the film "Wu Ji Ju" group was fined 9, yuan for causing damage to Shangri-La's ecological environment during filming, and the deputy magistrate in charge of Shangri-La County was dismissed for taking leadership responsibilities. At this point, the environmental damage caused by film shooting seems to have come to a satisfactory end. However, with the increasing attention of the society to this kind of incident, a large number of similar incidents have been constantly disclosed by the media, such as: ((J Shen Diao Xia Ju lJ Group built artificial landscape by piling when shooting in Jiuzhaigou Forest Park, which seriously damaged the calcified dike and pearl beach vegetation of Shenxianchi; The crew of "Cool Shennongjia" built wooden houses in shennongjia national nature reserve, destroying the ecology of Shennongjia; When filming in Shennongjia, the group "The Great Immortal Residence" not only cut down a large area of trees, but also cast mushrooms with cement, which destroyed the original landform and so on. Obviously, so many similar incidents have exposed that there are still many legal loopholes in China's relevant environmental supervision. First, the evil consequences caused by the lack of environmental awareness of film and television practitioners. The first responsible person in this incident is undoubtedly the direct destroyer of the environment-a film crew. It should be said that the frequent occurrence of serious damage to the natural ecological environment by film and television crews is its own responsibility. It is precisely because these civilized people, who should have been civilized, did not adhere to their due civilization, did not establish their due awareness of environmental protection, did not invest a certain amount of environmental protection funds, and did not take corresponding environmental protection measures, which made the location shooting garbage pile up and the ecological damage was serious. Therefore, it is reasonable to punish the regret caused by the lack of environmental awareness of film and television practitioners. Specifically: (1) Wu Jiju lJ Group seriously violated ((th Chinese People's Law on Environmental Protection)) (hereinafter referred to as the Environmental Protection Law), ((T Chinese People's Law on Administrative Licensing)) (hereinafter referred to as the Administrative Licensing Law) and other relevant laws during the construction of the film background. Without the permission of the construction department, environmental protection department and other administrative organs at the same time, Wu Jiju lJ Group carried out rough and even barbaric construction. In this "Three Parallel Rivers" world natural heritage site, the crew actually built three temporary sheds, a reinforced concrete building named "Haitang Jingshe", and paved a gravel road with a length of 1 meters and a width of 27 meters. According to statistics, the crew * * * destroyed and occupied 5 square meters of alpine meadow and shrub land in the no-cutting area. Although after media exposure, the local responsible unit dismantled the simple wooden bridge, plank road, three temporary sheds and the "Haitang Jingshe", it was difficult to restore the vegetation such as the 5 square meters meadow damaged by the construction. This disregard for the consequences directly violates the "three simultaneities" legal system stipulated in the Law on the Protection of Cup Surroundings, and the relevant provisions of the Law on Administrative Licensing and the Provisional Regulations on the Administration of Scenic Spots. (2) The act of signing an entrustment agreement with the local government after the Wu Jiju group evacuated from Bigu Tianchi violated the principle of "whoever pollutes, who governs" in the Law on the Protection of Cup Environment. In June, 24, Wu Jiju lJ Group was evacuated from Diqing Prefecture. In August, 25, after the destruction incident was exposed by the media, the crew sent a letter of entrustment to the propaganda department of Diqing Prefecture, Yunnan Province, entrusting the government to auction the remaining items of Wu Jina, deal with the issues left over from the film setting, and deal with the site cleaning, demolition and restoration. The behavior of Wu Ji Ju lJ Group as a polluter to entrust local government departments to control pollution is amazing. According to the principle of "whoever pollutes will treat it" stipulated in the law on environmental protection in Namibia, as a polluter, the crew should naturally assume the responsibility of treating the environment destroyed by it. However, absurdly, as a national public right that cannot be abandoned and transferred, the local government that supervises and manages the production and life of legal persons, natural persons and other organizations accepts the entrustment of the other party as a civil subject to fulfill the obligation of environmental pollution control, which seriously violates the principle of "whoever pollutes shall control" in the Law on the Protection of Cup Environment. The local government neglected its identity on such occasions. After the crew caused environmental damage, the government and its functional departments should inspect the scene and investigate the administrative and civil responsibilities of the crew after obtaining the evidence. Obviously, in this incident, the local government not only failed to play the role of a good manager and supervisor, but became a clown.

second, the emergence of the new "tragedy of the commons" ② The main reason for the "tragedy of the commons" in our country is that local leaders lack environmental awareness and knowledge of ecological environmental protection, and some leaders are content with ignorance, or they let it go, or they are ignorant and daring, or they knowingly commit crimes. This is the so-called new "tragedy of the commons". The "Wu Ji Ju lJ Formation destroying Shangri-La's ecological environment" mentioned earlier is a typical new "tragedy of the commons". After this incident, people were busy with actuarial calculations, but forgot that the government, as the other party to the incident, also had an unshirkable responsibility, and the voice calling for investigating the administrative responsibility of the local government was very weak. In fact, one of the internal reasons behind this environmental damage incident is that the functions of the government departments where these scenic spots are located are absent or weak. Because these local governments are eager to promote local scenic tourism resources, and because they are too superstitious and admire the spread and publicity benefits of film and television, they often give preferential treatment to those crews who come to shoot film and television, and they are all eager to please them. In this case, how can it have the mind and energy to really supervise and restrain the filming of these crews? After the lJ group of Wuji Ju announced that it would choose Bigu Tianchi as the location for filming, Diqing Prefecture and Shangri-La County of Yunnan Province were all delighted and encouraged. Therefore, the Diqing Tibetan Autonomous Prefecture Committee specially set up the "Leading Group for Fish Celebration in Wuji Period". After reaching an agreement with the local government, the crew went through a number of formalities directly and concisely. During this period, the central department, the Yunnan provincial government and its corresponding functional departments did not receive any relevant instructions and reports. Obviously, these actions by both parties violate the Law on Environmental Impact Assessment of Bait Environment Protection in Japan}) o According to the Law on Environmental Protection of Cup Environment and the legal documents of the Law on Environmental Impact Assessment of Cup Environment, the lJ group of Fujiju should conduct an environmental impact assessment on its construction of film and television base according to legal procedures, and the crew can enter Bigu Tianchi for related construction activities only after the environmental impact assessment report is approved by Yunnan Environmental Protection Bureau. But in fact, the crew entered the scenic spot without the approval of the relevant government departments, causing environmental damage. The local government that allowed the crew to enter the scenic spot is undoubtedly the initiator of this new "tragedy of the commons". Iii. Relevant Countermeasures and Perfection of Environmental Legislation In view of some problems mentioned in the previous article, the author believes that because the current ecological protection laws and regulations in China are not perfect enough, there is still a lack of corresponding identification standards and punishment basis for the damage to the ecological environment. Therefore, it is necessary to clearly define the degree of ecological damage, ecological compensation, punishment basis and other legal definitions, strengthen the unified supervision of the ecological environment, and realize the gradual transformation of ecological protection from single-factor management to functional and systematic management. To solve this kind of incident in the future, we should first: (1) change our ideas, and the government and the masses of scenic spots should abandon the short-sighted idea of "ecological benefits in exchange for economic benefits". Scenic spots are owned by the state, and the local government only has the right to manage them, and their management activities are bound by many laws, regulations and rules of our country. Therefore, the government of scenic spots must first determine its own position, and must never abuse the resources of the state and society to obtain immediate and own economic benefits. The destruction of scenic spots and nature reserves by film and television crews mainly includes discarding garbage, destroying vegetation, and building indiscriminately. Because of its propaganda function, its attitude and actions towards the ecological environment will be directly and widely reflected in front of the society, which will have a great positive or negative impact. Therefore, film and television practitioners should strengthen self-discipline, strictly abide by national laws and regulations, and learn advanced experience. At the same time, enhance the social responsibility of film and television practitioners and convey correct environmental awareness in film and television works. He has a good stone on the Fangshan, can be used to cut jade. It is not difficult to find that in the United States, where the film and television industry is the most developed, they often rarely use important historical buildings and important scenic spots to shoot films, and prefer to spend a lot of money on computer high-tech synthesis. Among them, although there are people who are relatively conscious and complete in the concept of environmental protection, the most crucial thing is probably their legal system, which has always had relatively strict management systems and regulations-once the procedures stipulated in the system are followed, the shooting cost and time consumed by the crew are generally more than that of computer synthesis. Harmonious society and harmonious nature are interdependent. When building a harmonious society, we should not forget to minimize the impact on "natural society". Avoid the anthropocentric concept of simply starting from people and taking people's interests as the yardstick. We must not be confined to economic benefits, but should realize ecological, social and economic benefits simultaneously. (2) To promote the local government's administration according to law, we should actively correct the deviation of the guiding ideology and the actual dereliction of duty of the local functional departments in scenic spots, and we must strictly investigate their administrative and legal responsibilities, instead of allowing them to continue to develop or simply. At present, in the field of environmental resources management in China, there is a vacuum in supervision because of multi-head management and excessive government. In addition to the complex characteristics of environmental resources, the unclear division of functions of regulatory departments, the imperfect coordination mechanism between regulatory departments, and so on are very important reasons. With regard to the authority of the construction department to protect scenic spots, as early as June 7, 1985, the State Council issued and implemented the Provisional Regulations on the Management of Scenic Spots, which made detailed provisions on the protection of scenic spots. For the environmental protection department, whether it is the environmental protection law, the environmental impact assessment law and (4) the establishment of the project environmental protection management regulations have definitely established the legal principle of "environmental impact assessment is necessary if pollution may be caused"; However, the laws and regulations on forests clearly define the supervision responsibilities of the forestry department for ancient and famous trees. That is to say, according to this legal principle and the provisions of relevant laws and regulations, the shooting behavior of Wu Jiju lJ Group in Bigu Tianchi must be evaluated for environmental impact according to law. The felling of ancient trees by the lJ Group in Wujiju must also be approved by the forestry department. Construction, environmental protection and forestry, the three departments entrusted with the management authority by the state, have an unshirkable regulatory responsibility for the protection of the natural landscape of Bigu Tianchi. If the department in charge of unified supervision and management can supervise according to law, and at the same time, it can communicate with other supervision departments well, then the problem of environmental damage in Group lJ will probably not happen. Of course, it is also very important to investigate the dereliction of duty of the regulatory authorities according to law. The unclear accountability of law enforcers in the existing laws is an important reason for the frequent problems of weak supervision, and ultimately sacrifices the scarce ecological resources of the country. (three) improve the relevant environmental legislation, increase the content of environmental impact assessment on major actions such as film and television shooting in scenic spots, and formulate relevant laws and regulations. In the existing cup environmental impact assessment method, there is no film and television shooting in the catalogue that needs environmental impact assessment. Because Wu Ji's leg has reached the level of construction project, the bait environment impact assessment method can deal with this matter. In view of this situation, in early 26, the environmental protection department began to study and formulate evaluation indicators and technical guidelines for the impact of social and cultural activities on the ecological environment, including film and television shooting, and put forward suggestions, hoping to add these to the environmental impact assessment method. As long as it is possible to affect the environment, environmental impact assessment must be carried out in advance.