Research On The Legislation Of Water Environment Quality Protection In Shanxi Provinc

In the face of the deteriorating local water environment quality,the local authorities of Shanxi Province have made many efforts to improve the water environment quality,but the local water environment quality has not been significantly improved from the promulgation and implementation of the legislation on water environment quality of local ministries.This paper takes the water environment quality protection legislation of Shanxi Province as the perspective and takes improving the local water environment quality protection legislative system of Shanxi Province as the foothold,To study the legislation of water environment quality protection in Shanxi Province.Through the empirical analysis of 199 legal documents of all cities divided into districts in Shanxi Province since the implementation of the Legislation Law(2015),we can observe the status of water environment quality protection legislation in Shanxi Province in the overall local legislation and the current situation in all environmental legislation in Shanxi Province,and examine the problems existing in water environment quality protection legislation in Shanxi Province,At present,there are many problems in the current local water environment quality protection legislation,such as the deviation of the guiding theory,the limitation of the legislative documents by the administrative region,the inability to respond to the integrity of the water environment,and the insufficient exercise of the legislative power of the local authority on the water environment.The existence of these problems is not conducive to the construction of local water environment quality protection legislative system,but also to the improvement of local water environment quality.Therefore,this paper mainly focuses on the guiding theoretical defects of local water environment quality legislation,the integrity of water environment and the current situation of the exercise of local water environment legislative power,as well as the experience of excellent water environment quality protection legislation at home and abroad.First of all,to clarify the theoretical defects of the government’s environmental quality responsibility is that the concept of "responsibility" is unclear and the "responsibility subject" is narrow.It must be clarified that the "responsibility" of the government’s environmental quality is the responsibility of active action,not the responsibility of passive performance,and the "responsibility subject" is the state power organ including local power organs,not the government and its affiliated departments.Secondly,based on the natural integrity and indivisibility of the water environment,when legislating on the quality protection of the water environment,the local authorities must pay attention to the challenge of the integrity of the water environment to the local legislation and the barrier of the administrative division to the effectiveness of the local water environment legislation,so that the local authorities can directly cooperate across the administrative regions to legislate and reasonably distribute the total amount of environmental behavior in the region.Thirdly,for the insufficient exercise of water environment legislative power of local power organs,we should timely update the legislative concept of water environment quality legislation,enhance the local characteristics of local water environment legislation,and improve the legislative mechanism of municipal power organs divided into districts.Finally,by combing and drawing lessons from foreign water environment quality protection legislation in Europe,Japan and the United States,in the face of the problems such as the imperfect legal system of water environment quality protection legislation in Shanxi Province,and the insufficient conformity of legislative objectives and policy objectives with the reality of water environment governance,this paper abstracts the reference of perfecting the legal system,policy objectives and flexible setting of water quality environmental protection legislation,Make the water environment quality protection legislation in Shanxi province more perfect.