Research On Mechanism Of Regional Collaborative Legislation On Ecological Protection In The Upper Reaches Of The Yellow River

In recent years,the progress of ecological protection and management in the upper reaches of the Yellow River has been slow,and many ecological problems,such as river basin water pollution,soil erosion,desertification,water shortage,still exist.One of the reasons is that the Yellow River basin has many water systems and a large span,and the basin ecology is fragile,so it is difficult to control the system.On the other hand,the governance ability and level of governments at all levels are different in the basin.In particular,there are obvious differences in the ability and level of law.Third,due to the separation of the current administrative system,the governance mode of each governing body by division,independent and legislative autonomy does not conform to the systematic and integrated requirements of the Yellow River Basin ecosystem.Common problems need to be faced and acted together,and legislation is an important means to form order and standardize behavior.Regional collaborative legislation is a new thing in the field of legislation.It aims to adjust the differences of local legal systems,synchronously regulate the ecological protection and governance behaviors of different subjects in the region with relatively unified legal rules,unified governance goals and concepts,and solve the common problems in regional development by co-management and co-governance under the guidance of unified rule of law.Upstream of the Yellow River in Qinghai province,Sichuan province,Gansu province,Ningxia hui autonomous region,Inner Mongolia autonomous region,five provinces(area)to carry out the ecological protect regional cooperative legislation,can break the barriers between the local legislation,eliminate the legislative difference,break institutional barriers,to safeguard the unity of the legal system,promoting the Yellow River basin ecological protection to achieve a total prevention work.It is worth studying how the regional legislative subject carries out scientific,democratic and law-based legislation under the mode of regional cooperative legislation.From the perspective of legislative construction,this paper first analyzes the basis and background of regional collaborative legislation for ecological protection in the upper reaches of the Yellow River,and points out the problems such as the decentralization of administrative governance,the limitation of local rule of law and the difference of interest needs,which seriously restrict the effect of rule of law.Furthermore,the necessity of regional cooperative governance was demonstrated,and it was pointed out that the ecological protection of the upper reaches of the Yellow River needed regional cooperative governance,such as the overall requirements of the basin ecology,the contradictory development needs of the local governance capacity and needs,the common characteristics of ecological protection and the construction of the river basin rule by law.Then it analyzes the significance of regional collaborative legislation on ecological protection in the upper reaches of the Yellow River from the perspective of the rule of law,and points out that the development of regional collaborative legislation is an inevitable requirement to maintain the unity of legal system and guarantee the authority of the rule of law,as well as a realistic need to promote the coordinated development of the region.At the same time,regional collaborative legislation does not change the authority of local legislation.The paper focuses on the practical difficulties faced by the regional cooperative legislation of ecological protection in the upper reaches of the Yellow River,such as the lack of legal basis or even conflicts,the multiple legislative bodies,the various legislative ideas,the incompatibility with the existing system,the lack of administrative guarantee mechanism,the difficulty of equal dialogue,and the difficulty of interest adjustment.Targeted countermeasures and Suggestions are put forward,i.e.clear synergy of legislation main body,establish cooperative legislation of dialogue mechanism,the research mechanism,incentive mechanism,etc.,according to the regional integration,complementary advantages,mutual benefit and win-win principle,adhere to the fairness and justice,active,positive integration,the principle of seeking common ground while putting aside differences in the region to adjust the interests of the subject of different,Realize the integration of resources,coordination in organization structure and cooperation in system.