The Research Under The Rule Of Law Of Resource-exhausted Cities Sustainable Development

Resource-exhausted cities have caused industrial, ecological and social problems. It is affecting the economic and social development of the country. From foreign countries and regions, some countries have made to regulate it by legal means. By normative documents to define the rights and obligations of governments, enterprises and other social organizations, to coordinate and regulate the relationship between the various stakeholders, provide an institutional guarantee for the sustainable development of the resource-exhausted cities. From our country’s norms system, the sustainable development of the resource-exhausted cities system is not optimistic. The legislation idea, the legislative system and the system construction need to further reflection and explore.Under the circumstances, the issue of resource-exhausted cities sustainable development deserves to pay more attention in legal level. on the one hand, the paper analyses the theoretical meaning, significance and system value for the sustainable development of the resources-exhausted cities; on the other hand, from the establishment of system-level drawing on the basis of extraterritorial experience, present system construction and the legislation project adapted to the local, expect to provide legalization ideas for China, especially for Hunan in sustainable development of resource-exhausted cities.Except for the introduction, the paper is divided into six parts:The first part is the legislative outline, resource-exhausted cities sustainable development. From the beginning with the interpretation of three concepts "resource-exhausted cities", "the sustainable development of the resource-exhausted cities", "resource-exhausted cities sustainable development legislation". Resource-exhausted cities sustainable development legislation is the legal rules to regulate resource-exhausted cities govern behavior of the public institutions and social subjects. For the legislation purpose of the urban transformation and sustainable development, the adjustment of particular region, the content of industrial restructuring, ecological restoration and social governance, the governance means of government regulation and public participation, to cover access and development, expansion and support, the transition and exit. The necessity of legislation stems from the practical needs of society and the thirst for governance measures stability system, reflecting the demands of social justice, equity and interests of the social right to development.The second part is the legislation situation and the effectiveness of resource-exhausted cities sustainable development. From the current legislation, after several years of practice and exploration, China has initially formed two important documents of the State Council- "Opinions on Promoting resource-based sustainable urban development" and "national resource-based sustainable urban development plan(2013- 2020) " as the policy basis, environmental management, economic restructuring and social security as the main content, covering access and development, expansion and support, the transition and exit as the resource-exhausted cities governance rules system; from the operation effectiveness, the paper selected Hunan Province three resource-exhausted cities as samples, through field research, visits, analyzed the effectiveness of law enforcement, and pointed out the main problems existing in the process of law enforcement.The third part is the legislation problems and causes of resource-exhausted cities sustainable development. The legislation has dual problems of structure and institution. The legislative structure has three aspects. Firstly, in Regulation path selection, policy guidance is relied on and the lower policy law degree; secondly, in regulation system, we lack specific legislation; thirdly, the regulation focus on the substantive norms, less procedural norms to constrain power running. In terms of institutional content, there are many problems in resource-exhausted cities sustainable development legislation, including the comprehensive utilization of resources, build diversified industrial system, effectively protect and improve people’s livelihood, strengthen ecological protection and environmental governance, fiscal transfer payment and collection of taxes. On one hand, it is lack of experience. On the other hand, comprehensive legislation involved complex interests and needs the profound interest adjustment.The fourth part is the reference of extraterritorial legislation experience in resource-exhausted cities sustainable developments. Resource-exhausted city governance is widespread social problems around the world in the process of industrialization. Extra-regional countries, such as Germany, Japan, France, the United States, has taken important and solid step in the legislation resource-exhausted sustainable developments cities have taken an important and solid step in the development of resource-exhausted cities sustainable, they have formed their regulatory features. They rely on legal means to support. It gives us important reference and enlightenment for legislation of resource-exhausted cities sustainable development.The fifth part is the legislation improvement in resource-exhausted cities sustainable developments. From the legislative model, we should carry out specific legislation for resource-exhausted cities sustainable development, in the form of administrative regulations. And it should be combined with local legislation to form multi-level system. In perfecting the relevant national legislation, in addition to well-developed "resource-exhausted cities Sustainable Development Act", it also needs to adjust and improve other relevant legislation, to form an integrated security system. In the exploration of specific legislation, Hunan Province has specific legislation realistic necessity and possibility. "Resource-exhausted cities in Hunan Province Sustainable Development Act" should contain the general principles, resource-based cities access and development, expand and support, resources cities and exit, urban infrastructure construction and social co-ordination, environmental control and ecological restoration,, financial compensation and incentives, liability, supplementary provisions and so on.The sixth part is the judicial guarantee of our sustainable development of resource-exhausted cities. From the perspective of law operation, besides of the legislation improvement and law enforcement, environmental justice play an important role in resource-exhausted cities. By strengthening environmental justice to compensate for administrative law enforcement to form two-wheel drive of administrative and judicial in the process of sustainable development of resource-exhausted cities, and through the timely, effective and impartial criminal judgment, it can enhance the legal deterrent force. The main path of reform includes: to establish environmental justice concept of sustainable development, to smooth the channel of resource-exhausted litigation, to achieve judicial specialization of resource-exhausted cities, to promote the implementation of environmental public interest litigation, to improve judicial proceeding, to increase punishment of environmental crime and related duty crime. In the end, we can realize the judicial guarantee of sustainable development of resource-exhausted cities.