The Research Report Of The Scientific Nature Of The Environmental Legislation In Shanxi Province Since2000

The legislative power is the most important power of all the powers and local legislative power is the most important power of all local powers. The environmental issues emerging in Shanxi Province in recent years and the desire and demand of improving the environment quality, make Shanxi Province local environmental how to scientific legislate, as well as how to improve it is particularly important.The scientific nature of the local environmental legislation is not just a matter of principle in Shanxi Province, and specifically it need to implement the practice to Shanxi Province local environmental legislation. It firstly needs the lawmakers of Shanxi local environment having the correct understanding, scientific definition and rational norms, then make legislation scientific at every stage of environmental legislation. Only if the Shanxi Province local environmental legislation achieves its scientific basis, the valuable legislative resources in Shanxi Province can be fully and rationally utilized. That makes Shanxi various local environmental protection go by laws and rule-based. Handling the relationship between man and nature correctly, building resource-saving and environment-friendly society, make the environmental protection work into the orbit of legalization in Shanxi Province, Combining understanding of relevant technology and the local environmental legislation since2000, and drawing on the advanced experiences of foreign countries, the author makes a study of the scientific on Shan xi environmental legalization by application of causal analysis method, demonstrative analysis method and comparative analysis method, and analyze the environmental legalization and brings up legally constructive countermeasures.The paper consists of three parts:Part one focuses on the analysis of environmental legislation, scientific research foundation and successful experience of the environmental legislation in foreign countries. First of all, the environmental legislation based on scientific principles, including legislation law on the legislation of scientific and the requirement of the principle of the legal theory, in order to achieve scientific requirements. Then research reveals the necessity of legislation of environment scientific. Next, for example, the United States climate legislation and the EU chemicals legislation, contain legislative principle, legislative concept and legislative practice process and so on several aspects.Part two according to our province environmental legislation since2000, the statistical analysis of data, find out the problems in environmental legislation. The main problems are a lack of coordination in legislative process, the subject of legislation authority is not clear, the overall lack of legislation, legislative content heavy body light procedure four aspects.Part three put forward to enhance our environmental legislation scientific conception. In view of our province in environmental legislation process exists the question, proposed in the local environmental legislation practice to coordinate various interest relations, make clear legislative subject rights, improve the quality of legislation and pay attention to procedural legislation content and specific gravity of four countermeasures.The author thinks, raise Shanxi province environmental legislation science is the key of raising the quality of the environmental legislation.