Research On The Norms Of Ecological Environment Clauses In Chinese Constitution

Ecological environment governance is a systematic and long-term project.The status of the Constitution as the fundamental law of the country determines that ecological environment protection needs to be carried out in an orderly manner under the guidance of the Constitution.The ecological environment clause of the Chinese constitution is the fundamental follow of ecological environment governance.Under the background of building a beautiful China,giving full play to the function of the ecological environment clause of the constitution and constructing a good implementation mechanism can effectively connect the normative gap between the constitution and the departmental law and safeguard the public interest of the ecological environment.Thesis begins by examining the concept of "ecology" and analysing the meaning of "ecology" from a multidisciplinary perspective,and focuses on the necessity of "ecological environment" from the perspective of the Constitution.Secondly,the composition and development trajectory of China’s constitutional provisions on ecology and the environment are reviewed.The ecological provisions of the Constitution were first introduced in the 1978 Constitution and have been developed for more than 40 years,maturing with the inclusion of "ecological civilisation" in the Constitution in2018;the process of forming and improving the provisions is a microcosm of China’s economic development model in different times.Once again,the normative interpretation of the ecological environment clauses of the Chinese Constitution is studied from three parts : characteristics.theoretical basis and clauses.It shows significant political,normative and systematic in the process of formation.The political foundation with democracy,human rights and the rule of law as the core,the economic foundation represented by the constitutional economic system,the cultural foundation with traditional collective thought and modern core values as the core.and the ethical foundation represented by simple ethics constitute its theoretical basis.According to the content of the clause regulation,it is divided into three parts: the governing clause,the resource clause and the governance clause.The distribution of ecological protection responsibility is designed to be dominated by state obligations.Finally,studying the constitutional provisions on ecology and the environment from a functional perspective is helpful in understanding their practical guidance value.In the field of legislation,the constitutional ecology and environment clause leads the legislature to improve environmental legislation;in the field of law enforcement,the constitutional ecology and environment clause regulates the strict,civilised and standardised enforcement of law by law enforcement agencies;in the field of justice,the constitutional ecology and environment clause takes on the role of providing interpretation standards for abstract legal norms;in the field of obligation In the judicial field,the constitutional provisions on ecology and the environment serve as a guideline for the government to formulate environmental policies and as a benchmark for citizens to evaluate and judge the actions of the government.