Research On Legislative Optimization Of Ecological Civilization Construction In District-divided Municipalities

The Legislative Law was amended in 2015 to confer legislative power on the municipalities divided into districts in such matters as "environmental protection",whereas the amendment to the Legislative Law in 2023 elevated "environmental protection" in the legislative matters of district-divided cities to " the construction of ecological civilization".The new epoch has laid down more sophisticated requirements for the legislation on the ecological civilization construction in district-divided municipalities.Confronted with fresh requirements and emerging challenges,it is urgent to conduct an in-depth empirical investigation and exhaustive theoretical analysis of local legislation on the construction of ecological civilization in municipalities set up with districts,so as to facilitate the continuous improvement of local legislation in the emerging period.In Henan Province,for instances,via the analysis of legislative proportions,legislative types and legislative effectiveness,the study uncovered the gradual progress of the legislation on the eco-civilization construction in municipalities set up with districts obtained considerable fruitfulness.Meanwhile,employing the methodology of statistical analysis and normative analysis,etc.Notwithstanding,it is revealed in this dissertation that numerous kinds of issues and deficiencies remain in the ordinances for the ecocivilization construction of the municipalities divided into districts:the plagiarism of legislation is relatively abundant,and the characteristics of legislation are not adequately embodied;the phenomenon of comparing legislation is generally more common,and the science of legislation is not explicit enough;the quantity of legislation at the single municipal level is excessive,and the coordination of legislation at the regional level is limited;the legislation of management is relatively numerous,and the legislation of the rights assurance is insufficient.The principal factors,additionally,underlying this are:for one thing,there is homogeneity and ambiguity between the legislative power of the municipalities and the state legislative authority;for another,there is overlap between the legislative power of the municipalities and the provincial legislative authority;at third why incur consequence is that a deficiency in the understanding and implementation of the legislative function of the construction of local ecological civilization;fourth causation,owing to a poor implementation of the legislative procedure of the construction of local eco-civilization;and the final cause is that the local legislative capability of the municipalities is starkly weak.Hence,to address such circumstances,the following five perspectives might be optimized and further refined:The first proposal is to explicitly clarify the legislative authority between municipalities and the national authorities,so as to shift from a "central-led legislative type to a central-local consultation type".The second suggestion is to expressly define the legislative authority of municipalities and provincial authorities,apply the "principle of subsidiarity" to underline the priority of municipal legislation,and convert the legislative authority of provinces and municipalities from an"encompassing relationship" to a "sequential relationship",while simultaneously bolstering the collaborative legislation model in the region.The third recommendation is to elaborate how to implement the "executable","characteristic" and "experimental" functions of local legislation.The fourth advice is to further enhance the implementation of local legislative procedures.To add the procedure for reporting " executable","distinctive" and "experimental" items before legislation.It adds the content of" executable","distinctive" and "experimental" clauses to be verified after the legislation is enacted.It should further elaborate the procedures for public participation in legislation.The fifth tip is to boost the legislative capabilities of ecological civilization construction in the municipalities set up with districts by equipping legislative talents,upgrading legislative techniques,weakening management-oriented legislation,strengthening rights-protecting legislation,and cultivating legislative resources.