China's environmental rule of law modernization new road
April 29, 2022 09:04 Source: "China Social Sciences", April 29, 2022, Issue 2398 Author: Liu Chao

General Secretary Xi Jinping pointed out,Modernization of Harmony of Man and Nature is one of the important features of Chinese -style modernization。The construction of the rule of law in my country is the most frequently formulated or modified by law、System change is the faster、The most agile field of mechanism innovation,Taking the pursuit of "harmony between man and nature" as the value target。

  Bet365 app download

Actively integrate into the trend of international environmental protection、Follow the common laws of the law of environmental issues、Participate in global environmental governance,It is the external thrust of the modernization of the environmental rule of law in my country。Environmental legislation in the modern sense starts from the United States,It opened the wave of modern environmental rule of law in the 1950s and 1960s,European and Japanese developed countries have almost started environmental protection or public relief legislation in the 1960s。my country sent a delegation in 1972 to participate in the Golmore Human Environment Conference、After deepening the understanding of environmental problems,In 1973, the first National Environmental Protection Work Conference was held,"Several Provisions on Protection and Improve the Environment",This is my country's first regulatory document for environmental protection。The "Environmental Protection Law (Trial)" promulgated in 1979 opened the environmental legislation process in my country's modern sense。From this view,my country's environmental rule of law is compared with other developed countries,Although a little sometimes stagnant,But basically synchronization。

The fundamental driving force of the modernization of the rule of law in China is internal innovation driver。The construction of the rule of law at the beginning of the 20th century in the middle of the 20th century,with a strong emergency color,Forced to cope with its Bet365 app download industrialization and urbanization to a certain stage of severe environmental problems。and China's environmental rule of law modernization and reform and opening up simultaneously open,Not forced to deal with environmental problems,but originated from the painful lessons of the "first pollution and then governance" in the western developed countries in my country,Far -from foresight and planning。So,The modernization road of the rule of law in China is based on the historical stage of my country's economic and social development、Real requirements、Basic National Love、The road of independent innovation of the rule of law system and cultural tradition。Starting "Environmental Protection Law (Trial)" in 1979,Environmental legislation into the "fast lane",The environmental problems of the rapid development of economic and social development in response to the modernization of socialist modernization。

  Multi -dimensional face

First,Strategic positioning,Following the national strategic goals with the times。First,The comprehensive launch and healthy development of China's environmental rule of law modernization originated from the positioning of national policy。The Second National Environmental Protection Conference held in 1983 will establish environmental protection as a basic national policy in my country,Urgent demand for the healthy and rapid development of environmental rule of law,Since then,The construction of environmental rule of law is always in an important position of the national development strategy。Next,The extension of the modernization strategy and expansion provides target guidelines and theoretical basis for modernization of environmental rule of law。The development strategy of modernization of socialist modernization with Chinese characteristics has promoted the richness and upgrade of modernization of environmental rule of law。Implementing sustainable development strategy、Construction of "Society for Resource Save and Environmental Friendly Society"、Construction of "Harmonious Society"、"Green Development", "Beautiful China" and other internal unity、Organic contact、Strategic goal Bet365 lotto review of expanding deepening,Promote the construction of environmental rule of law at different stages。Since the 18th National Congress of the Communist Party of China,The construction of ecological civilization is included in the overall layout of the "five -in -one",Open a new era of environmental rule of law,The "Environmental Protection Law" revised in 2014 and the subsequent revised one -line method have added the legislative purpose of "promoting the construction of ecological civilization",Coordinated to ensure the new mission of the era of the overall layout of the "five -in -one" overall layout。Last,Under the major strategy of advancing the modernization of the national governance system and governance capabilities in my country,The construction of environmental rule of law through sound environmental governance laws and regulations and policies、Innovate the legal mechanism of co -governance of multiple parties、Improve the regulatory system system and other methods,Converting the fact that the construction of a modern environmental governance system is converted into jurisprudence。

2,On the logic main line,Comprehensively improve the ecological environmental legal system。The modernization of the rule of law in my country's environment is to reshape and improve the ecological environmental legal system as the logic main line and backbone engineering,presents the following features。First,Changes in legislative value targets。Typical reflection in 1979 "Environmental Protection Law (Trial)"、1989 "Environmental Protection Law"、The "Environmental Protection Law" revised in 2014 and the changes in the purpose of the legislative purpose of the single line of the same period,Realized from the pursuit of pollution prevention to ensuring human health、Then to ensure the evolution of public health,Legislative value experience from "promoting the development of socialist modernization" to "promoting sustainable economic and social development" and "priority priority"。Next,The scope of legislative from "pollution prevention" to natural ecosystem、Then go to "Ecological Security"。Environmental legislation that started in the 1970s and 1980s was mainly aimed at a single environmental element pollution、Emissions of key pollutants、Destruction of a single environment bet365 Play online games element is legislative,Forms a large number of pollution prevention and natural resource single -line method; after the 1990s,my country has successively formulated the "Nature Reserve Regulations" and "Regulations on the Scenic Famous Point" and other special regional environmental protection laws legislation,To protect the natural ecosystem; the "Law on the Control of Solid Waste Pollution Environmental Control Law" revised in 2004 will establish "maintaining ecological security" as legislative purpose,Article 30 of the "Environmental Protection Law" revised in 2014 has increased regulations for protecting ecological security,The National Security Law promulgated in 2015 will include ecological security into the overall national security system,The Biological Safety Law promulgated in 2021 uses biological safety as a legislative object。Last,System perfection of multiple legal mechanisms。Modernization of the rule of law for the rule of law,Not only has the reforming and update of the aforementioned environmental legal system,The institutional supply of multiple legal departments in legislative evolution,Typical such as,The "Green Principles" stipulated in Article 9 of the Civil Code and the green system system scattered in each of them,The Civil Interest Litigation Terms specified after the Civil Procedure Law and the Administrative Procedure Law is revised,"Amendment to the Criminal Law (8)", "Amendment to the Criminal Law (11)" for legislative adjustment of pollution environmental crimes。

third,On the advancement path,Promote the innovation of legal mechanisms in two -way interaction。Modernization of the rule of law from all over the world adheres to top -down promotion and bottom.,The top -down and bottom -up two -way interaction of the choice of my country to promote the rule of law,It is particularly obvious in the process of modernization of environmental rule of law。Incorporate the construction of ecological civilization into the overall layout of the "five -in -one"、The strategy of governing the country in an all -round way with Xi Jinping's thinking of the rule of law、Policy measures for modernization of environmental governance system,Both have become bet365 best casino games a strong guarantee for national organizations and modernization of the rule of law for the rule of law。At the same time,Back -top legal mechanism innovation,It is also the source of motivation for the modernization and evolution of the environmental rule of law in my country,This includes: First,The reform mode of system reform from pilot to legislation,For example, the system pilot of the natural protection land system with national parks、Innovation path reflected in the Legislative Plan of the National Park Law; second,Innovation of law enforcement mechanisms from local exploration to legislation confirmation,Typical such as the "river length system" and "forest long system" and other local innovative ecological environment law enforcement mechanisms enter the "Water Pollution Prevention Law" and "Forest Law",Promoting the innovation of environmental law enforcement mechanism; finally,Specialized process from local innovation to the state recognized and systematically advanced,The innovation of environmental judicial mechanism reflected。

  Expansion space

First,Taking the Ecological Environment Code as an opportunity,Improve the ecological environmental legal system。Starting in 2021,The Standing Committee of the National People's Congress incorporates the compilation and research on the field of environmental legislation into the legislative work plan。By compilation of the environmental code,It can correct the elements of the existence of the existence of my country's environmental legal system、Sub -department legislation、The overall is not strong、Insufficient coordination and other disadvantages,Realize decentralized legislation and move to internal coordination,Reform results of the construction system of curing ecological civilization,Institutional experience of exploring and innovation in fresh practice,The systematic and scientific nature of enhanced ecological environment legislation,Provide solid support for the modernization road of environmental rule of law。

2,"Environmental rights", "Entering the Constitution", and "Entering the Code" to highlight the core value of the rule of law。bet365 live casino games The core value of modernization of environmental rule of law must be "environment" and "people"、From governance environmental problems to ensuring public health。The human rights attributes of environmental rights have reached a consensus in the international community,It has also been confirmed by my country's "National Human Rights Action Plan (2021-2025)",But has not yet entered my country's legal system。So,It should be confirmed when the Constitution Amendment and Ecological Environment Code should be confirmed。Environmental rights "entering the constitution" can provide a clear constitutional basis for protecting and realizing the environmental rights centered on citizens' lives and health; environmental rights "ensemble" can be based on the connotation of environmental rights,The institutional system of building environmental rights protection and relief。

third,Continue to advance the construction of the legal mechanism of ecological environment governance。my country's environmental rule of law modernization,Not only follows the common laws of environmental rule of law,It is even more due to national conditions、Genic Tradition、Inherit the traditional Chinese culture,Supervision in Ecological Environment、Law Enforcement、Judicial and other fields explored the innovation of the legal mechanism of ecological environment governance,provided a new style for the construction of the world's environmental rule of law、Contributed to Chinese wisdom。Current,These legal mechanisms of ecological environment governance are still in the pilot process,Such as ecological and environmental institutions monitoring and monitoring and law enforcement vertical management system、Special environmental supervision chief system;、It needs to be constructed in the formal system,Typical as a national park management mechanism; some legal mechanism construction is in a state of overcome difficulties,Typical mechanism for environmental judicial specialization、"Green Justice" system、Ecological environment damage compensation mechanism,, etc.。Continue to explore、Continuous advancement and systematic construction of these legal mechanisms,It is bet365 Play online games the era of deepening the modernization of my country's environmental rule of law。

(This article is the National Social Science Fund general project "Research on the National Park as the main body of natural protection place system" (19BFX196) phased results)

(The author is the dean and professor of the Law School of Huaqiao University)

Editor in charge: Changchang
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com An Bei 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by the Chinese Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026