Research On The Implementation Mechanism Of The Constitutional Ecological Civilization System From The Perspective Of Environmental State

The 2018 "Constitutional Amendment" formally incorporated "ecological civilization" into the text of the Constitution,and provided guidance for the overall construction of a powerful modern socialist country in the new era with the overall layout of "economic civilization,political civilization,cultural civilization,social civilization and ecological civilization".,the constitutional basis.Also written into the text of the Constitution are the "new development concept","beauty" and the State Council’s terms of reference for ecological civilization construction.Ecological security goes hand in hand with social development."Beauty" points to a "powerful modern socialist country",that is,a "environmental country" of beautiful China,which realizes the transformation from practical description to normative shaping,and political practice to normative state.The powers and powers of ecological civilization construction directly endow the State Council with the powers of ecological civilization construction.The incorporation of "ecological civilization" into the constitution is the most comprehensive supplement to the environmental provisions of the constitution after environmental protection was first stipulated in the 1978 constitution text,and based on the addition of environmental protection-related content to the 1982 constitution text and the 1978 constitution text And system upgrade,forming a relatively complete multi-level,three-dimensional institutional system,namely the constitutional ecological civilization system.The constitutional ecological civilization system is the core system and basic category in the construction of "environmental state" in Beautiful China.The ecological civilization system,as "one" in the "five-in-one" constitutional system,corresponds to the continuous refinement and development of the socialist constitutional structure with Chinese characteristics from material civilization to ecological civilization,as well as the coordinated advancement of the "five-type" civilized constitutional system.This not only directly reflects the fundamental legal confirmation of the political decision to build an ecological civilization under the leadership of the Communist Party of China,but also reflects the logical and effective connection between the changes in production and lifestyle in the development of the constitution and green development,and the goals of future national development.In the new era,the constitutional ecological civilization system requires the new environmental constitution to make comprehensive innovations in the normative system,basic connotations,basic values and basic functions from the perspective of "modernization in which man and nature coexist in harmony",so as to control the ecological and green transformation in various fields..In the context of promoting constitutional governance and the full implementation of the constitution,it is required to readjust and review the implementation mechanism of the constitutional ecological civilization system.On the one hand,after the ecological civilization has been incorporated into the constitution,the new environmental constitutional normative system has been gradually completed.It is necessary to make a new interpretation of the new environmental constitutional normative system and update the connotation of the environmental constitutional norm.On the other hand,the establishment of the constitutional ecological civilization system reflects the will of the party.It is highly unified with the will of the state,and the will of the party and the will of the people.The political decision to promote the full implementation of the constitutional ecological civilization system also requires updating the implementation mechanism in order to achieve the overall goal of a beautiful China under the leadership of the party and the effectiveness of environmental governance.The implementation mechanism of the constitutional ecological civilization system is the bridge connecting the constitutional norms and facts,abstract and concrete.The implementation mechanism of the constitutional ecological civilization system needs to be examined from the four dimensions of theoretical coherence,political guarantee,legal system,and practical evaluation standards,so as to build a integration from text to practice.The theoretical coherence mechanism is the logical and self-consistent premise for the implementation of the constitutional ecological civilization system;the political guarantee mechanism is the core leading force for the implementation of the constitutional ecological civilization system;the legal system mechanism is the extension direction of the rule of law in the implementation of the constitutional ecological civilization system;the practical evaluation mechanism is the constitutional ecological civilization system.The "barometer" of the implementation effect of the civilized system.At present,the implementation of the constitutional ecological civilization system provides "nutrition" for the interpretation of national norms for the beautiful China environment,the realization of citizens’ better environmental life,and the compilation of environmental codes.In this paper,six chapters are designed to carry out the demonstration respectively,excluding the introduction and conclusion.The first chapter is the basic connotation of the environmental state and the constitutional ecological civilization system.From the perspective of theoretical origins,the "environmental state" in the perspective of ecological environment governance is the "governance of governance" oriented to modernization.The "environmental state" in the perspective of public law reflects the common attributes of the rule of law and the social state.In my country,the idea of "harmony between man and nature" in traditional culture is the historical basis for the formation of the ecological civilization system.The ecological civilization system under the dialectical relationship between man and nature is first reflected in the party’s political resolutions,and with the gradual enrichment of political promotion practices,the ecological civilization system in the political discourse is transformed into the rule of law discourse.In the new era,the scientific connotation of the ecological civilization system has been basically clarified,that is,the transformation of the development mode to green and high-quality development;focusing on the people to meet the people’s yearning for a better living environment;oriented to the modernization of harmonious coexistence between man and nature;realizing ecological civilization and the rule of law The comprehensive integration of civilizations will contribute to a new form of human civilization.Therefore,the constitutional ecological civilization system points to the construction of a beautiful China environmental country,and the constitutional ecological civilization system requires a comprehensive reform of governance modernization from the environmental constitution to the environmental legal system.The second chapter is the basic category of the constitutional ecological civilization system.The basic category of the constitution is the core proposition in the study of constitutional law.From the point of view of the normative system,the constitutional ecological civilization system reflects the organic unity of the national goal norm,the programmatic norm of environmental protection and the normative norm.From the perspective of effectiveness structure,the institutional structure of constitutional ecological civilization includes "three levels of effectiveness".The first level of effectiveness is the fundamental norm.Ecological civilization,new development concepts,beauty,etc.are all fundamental norms,and belong to the category of national goals in the constitutional ecological civilization system,which is macroscopic and abstract;the second level of effectiveness is programmatic norms.It mainly reflects the advocacy obligation in the national ecological environment governance,which is a supplement and reinforcement to the fundamental norms;the third level of effectiveness is the regular norms,and the regular norms are operable norms.From the perspective of the relationship between rights/powers and obligations,the relationship between rights/powers and obligations of the constitutional ecological civilization system has a new connotation,that is,citizens’ ecological/environmental rights and obligations,and national ecological/environmental rights and obligations.From the perspective of the specific implementation of state power,the State Council’s power for ecological civilization construction is a further extension of the state’s ecological/environmental power.Giving the State Council and its administrative departments the power to build ecological civilization is also constrained by the responsibilities of ecological civilization.Therefore,the definition of the four basic categories of the constitutional ecological civilization system is conducive to a clearer understanding and understanding of the constitutional ecological civilization system.The third chapter is the latitude of the coherence theory of the implementation of the constitutional ecological civilization system.The implementation of the constitutional ecological civilization system must first realize the theoretical and normative coherence between the constitutional ecological civilization system and the implementation of the constitution.First,the implementation of the constitutional ecological civilization system stems from the prominent risk of environmental governance,and the expansion of state power in environmental protection to ensure the realization of the state’s ecological and environmental obligations.At the same time,strict restrictions on state power are made to ensure that the environmental state operates within the scope of the rule of law and rules.Secondly,the laws and laws implemented by the constitutional ecological civilization system are integrated.Including the deep coherence within the environmental legal norm system,that is,a comprehensive coherence in terms of stages and systems.Through the compilation of the environmental code,the "transformer" role of the constitutional ecological civilization system and the environmental law system will be enhanced.Finally,in the implementation of the constitutional ecological civilization system,the Party and the law are integrated.The important discourses on the rule of law in Xi Jinping thought on the rule of law provide theoretical guidance for the mutual integration of the party and the law of the constitutional ecological civilization system;political discourse and academic discourse on the implementation of the constitutional ecological civilization system are moving towards mutual integration;the integration of the party and government in the practice of environmental governance Governing the party according to regulations is a prerequisite for the implementation of the constitutional ecological civilization system,and the connection and coordination of intra-party regulations and national laws is the basic path for the implementation of the constitutional ecological civilization system to implement the integration of party and law into practice.The fourth chapter is the latitude of the political guarantee for the implementation of the constitutional ecological civilization system.The political order of a country determines the effectiveness of the implementation of the constitution.As a socialist country,political security is the basic condition for the exercise of all powers.Judging from the evolution of my country’s ecological environment governance over the past 70 years,the leadership of the Communist Party of China has provided a strong political guarantee for the full implementation of the constitutional ecological civilization system.From the perspective of the basic strategy of implementation,the implementation of the constitutional ecological civilization system under the leadership of the Communist Party of China is mainly realized through the joint issuance of party-government documents and intra-party regulations.The political authority of the Communist Party of China "promotes from a high position" in environmental governance,"the party and the government have the same responsibility" and "one post with two responsibilities".Intra-Party regulations mainly regulate the ecological and environmental protection responsibilities of party and government leaders at all levels,and realize the matching of ecological civilization powers and ecological civilization responsibilities.From the perspective of the specific path of implementation,first of all,it is necessary to clarify the scope of the implementation of the constitutional ecological civilization system by intra-party regulations,and avoid exceeding the normative scope of intra-party regulations.Secondly,it is necessary to strengthen the quality of regulations for the joint issuance of party-government documents in the field of ecological civilization.Finally,it is necessary to improve the coordination mechanism of the Party’s policies,intra-Party regulations and environmental laws in the implementation of ecological civilization.Party policies and intra-Party regulations are not only important forms of guarantee for the implementation of the constitutional ecological civilization system,but also new forms and new models of implementation that are explored and implemented through Party policies and intra-Party regulations.Form an integrated mechanism for the implementation of the constitutional ecological civilization system by intra-party regulations and environmental laws.The fifth chapter is the latitude of the legal system implemented by the constitutional ecological civilization system.The main path for the implementation of the constitutional ecological civilization system is to rely on the normative exercise of power and the unification of legal order under the legal system.In the legislative system,it is necessary to make a comprehensive response to the connotation of the constitutional ecological civilization system,including the response to the national goals such as "ecological civilization","new development concept" and "beauty" in the constitution;innovation.In terms of the operation of administrative power,the Constitution and the State Council’s ecological civilization construction powers clause is the basis for the construction of a local ecological civilization rule of law government.The key link in the implementation of the constitutional ecological civilization system is to build an ecological civilization rule of law government,including promoting the ecologicalization and legalization of the relationship between the central and local governments.Level;local governments at all levels build the rule of law in ecological government,and form a complete set of local laws and regulations authorized by the central government for the construction of local ecological civilization and rule of law government.In judicial application,the implementation of the constitutional ecological civilization system depends on the exploration of the environmental public interest litigation system.Expand the judicial guarantee for the implementation of the constitutional ecological civilization system through environmental civil public interest litigation and environmental administrative public interest litigation.In the supervision system,the implementation of the constitutional ecological civilization system involves the standardized operation of public power,and to ensure the green operation of public power on the track,it is necessary to form a closed loop of supervision and a joint force of supervision.When the powers of environmental protection inspectors and national supervision overlap,it is necessary to clarify the boundaries between the two,so as to form a connection and coordination between ecological and environmental protection inspectors and national supervision.The sixth chapter is the latitude of the practical evaluation of the implementation of the constitutional ecological civilization system.The effectiveness of the implementation of the constitutional ecological civilization system needs to be evaluated,and the establishment of evaluation criteria must be based on the constitutional text.In terms of normative standards,a complete environmental legal normative system has been formed.First of all,whether the ecological civilization,ecological environment protection and other relevant provisions in the preamble and general outline of the constitution are fully integrated into the environmental legal norm system,including the legislative purpose and specific provisions of the legislative provisions of the departments,which need to be strictly in accordance with the constitution.Secondly,whether the enactment of the powers and powers for the construction of ecological civilization in the Constitution is within the scope of legislation,and whether the exercise of powers exceeds the powers of authority,all need to be within the scope of the constitutional review and evaluation standards.Finally,the implementation of the constitutional ecological civilization system is not the implementation of a single clause,and the full implementation must consider the coordination and integrity of other systems and clauses.In terms of value standards,all normative documents that violate the Constitution shall be revoked and corrected in accordance with the law.Establish a systematic and hierarchical “filter screen”with filing review,legality review,and constitutionality review.Record review,legality review,and constitutionality review revoke and correct legislation that violates the constitutional ecological civilization system.In the setting of consequences,all acts that violate the Constitution must be investigated.The relevant provisions of the constitutional ecological civilization system are all based on abstract behavior patterns such as "prohibition" and "guarantee" as obligations,lacking clear legal consequences,and it is necessary to clearly define the scope of the implementation of the constitution.The two dimensions of accountability should be implemented.