| The purpose of coordinated legislation of the Yangtze River economic belt is to guarantee and promote the development strategy of the Yangtze River economic belt,which is an important institutional guarantee for regional coordinated development.However,the new legislative law has not yet responded to the cross regional allocation of local legislative power in the Yangtze River economic belt.Under the current legislative system,the current exploration of coordinated legislation in the Yangtze River economic belt mainly relies on non statutory sources such as regional policies,regional planning,normative documents,etc.,which makes it face the dilemma that the legitimacy of the subject and authority of coordinated legislation is questioned due to the lack of statutory sources,the legal rank of coordinated legislation is not clear,and the legal achievements have no compulsory legal effect.Therefore,how to undertake the allocation of legislative power and make it perfect under the background of promoting the development strategy of the Yangtze River economic belt has become the key to determine the coordinated legislation of the Yangtze River economic belt.Since the implementation of the Yangtze River economic belt development strategy in September 2014,nine provinces and two cities along the Yangtze River have actively tried to explore the practice of collaborative legislation,explore and accumulate some coordinated legislative achievements,and make a detailed analysis of the exploration status and legislative achievements of nine provinces and two cities in an empirical way,which is conducive to rational thinking on the rationality and effectiveness of the design of the collaborative legislative system of the Yangtze River economic belt.Based on the development strategy of the Yangtze River economic belt,this paper makes a comprehensive study on the cooperative subject,coordinated authority and legal effect of the coordinated legislation of the Yangtze River economic belt.On the basis of forming theoretical judgment,combined with the empirical investigation on the practice of the cooperative legislation of the Yangtze River Economic belt,this paper explores theactual effect of the existing legislative power in supporting the cooperative legislation of the Yangtze River economic belt,and is committed to putting forward the Yangtze River economic belt The future optimization path of collaborative legislation.The specific research is carried out in three parts: introduction,text and conclusion.The introduction part focuses on the source background,research status and research innovation of the problem,and through the definition of the concepts of "region","coordination","Yangtze River Economic Belt","coordination legislation" and "Yangtze River Economic Belt coordination legislation",clarifies the basic object of the research,and then outlines the basic framework structure for the research theme by the preliminary combing of research innovation.The main body is based on the idea of combining theory and practice analysis,which consists of four chapters.The first chapter from the perspective of norms,history and theory which tries to clarify that the coordinated legislation of the Yangtze River economic belt is the real demand source to enhance the overall effectiveness of regional legislation supply,balance the overall interests of the region,and promote the complementary advantages of regional resources,which proves the necessary value and important strategic significance of the coordinated legislation of the Yangtze River economic belt.From the normative point of view,the necessity,urgency and feasibility of the coordinated legislation of the Yangtze River economic belt can be demonstrated through the investigation of the strategic development process of the Yangtze River economic belt.Moreover,according to the combing of the theory of resource dependence and the theory of competition and cooperation,it is proved that coordinated governance and regional coordinated development are the goal of the coordinated legislation of the Yangtze River economic belt.Finally,from the perspective of the modernization of national governance,it is an inevitable choice to analyze the coordinated legislation of the Yangtze River economic belt under the basic strategy of comprehensive rule of law.The second chapter tries to explore the effectiveness of the existing legislative system arrangement through the comprehensive demonstration of the coordinated legislative practice of the upper,middle and lower reaches of the Yangtze Rivereconomic belt after the development strategy of the Yangtze River economic belt has been upgraded to the national strategy.Based on the sectional statistics of the integration process of the upper,middle and lower reaches of the whole basin,135 legislative human resources and 20603 pieces of legislative supply are compared in three levels: the provincial level,the old city and the new city.After a comprehensive comparative analysis of the three data,it is found that the collaborative legislative resources in the lower reaches are better than those in the upper and middle reaches.At present,the collaborative legislation in the Yangtze River economic belt mainly relies on non statutory laws Most of the collaborative legislative achievements are inter regional agreements.In addition,the practice data shows positive and negative effects: on the one hand,all regions explore the practice of coordinated legislation to help fill the legislative loopholes in the restoration and protection of the Yangtze River ecological environment,take the lead in exploring the cross basin horizontal ecological compensation mechanism in the Xin'an River Basin and Chishui River Basin,and promote the standardization of collaborative governance of the whole basin.The necessary value of coordinated legislation in the Yangtze River economic belt has been proved by practice.On the other hand,the legitimacy of the subject and authority of collaborative legislation is questioned,the results of collaborative legislation are lack of compulsory binding force,and the existing local legislative conflicts are difficult to reconcile have not been effectively resolved.In a word,the current difficulties of collaborative legislation in the Yangtze River Economic Zone show that the current allocation of local legislative power can not meet the needs of collaborative legislation.In conclusion,based on the systematic practical verification of the above theoretical analysis,this chapter finds the breakthrough point to optimize the collaborative legislative mechanism of the Yangtze River economic belt and improve the collaborative legislative system in the future.The third chapter based on the comprehensive analysis of theory and practice,thinks that to ensure the optimization of the process of coordinated legislation in the Yangtze River economic belt,it is necessary to highly unify the concept of collaborative legislation,reach a consensus on the key points of coordination anddynamically adjust the process of collaborative legislation.Specifically,in order to promote the coordinated legislation of the Yangtze River economic belt,we need to adhere to the principle of "ecological priority,dual regulation,co construction and sharing",coordinate the theory of "rule of law" and "function theory",fully mobilize the resources of legislative noumenon and legislative social resources,combine the previous bureaucratic model in management mode,and introduce the concept of flattening.To clarify the key points of coordinated legislation at this stage,we should focus on repairing and protecting the ecological environment of the Yangtze River,solving the bottleneck restricting the comprehensive three-dimensional traffic network along the river,relieving the energy problem restricting the coordinated development of the whole river basin,coordinating the industrial innovation of the whole river basin to release economic efficiency,breaking through administrative barriers to promote the market integration of the whole river basin,improving the public health linkage and efficient system of the whole river basin,and establishing and improving the whole river basin There are seven aspects of the new mechanism for coordinated development of river basins.In the process of dynamic adjustment and coordination of legislation,it is necessary to select the coordination procedure by adopting the coordination method of promoting by stages and classifying the mistakes,that is,the people's Congress selects the coordination of legislation items and legislative decisions,and the local government signs the administrative agreement with the legislation.In general,in the process of dynamic adjustment of collaborative legislation,in the early stage of regional integration,we should choose the "loose" model which is mainly based on the temporary and unconventional "sub formal" collaborative legislation mechanism.In the middle stage of regional integration,we should choose the "semi tight" model which is mainly based on the fixed and conventional "formal" collaborative legislation mechanism.In the late stage of regional integration,we should Since the integration of upstream,middle and downstream and internal has not yet been realized,there are usually three modes of collaborative legislation between upstream,middle and downstream and internal.The fourth chapter based on the consideration and construction of thecoordination consciousness,coordination mechanism and coordination mode for the optimization of the collaborative legislative process of the Yangtze River Economic Belt in the previous chapter,followed by the consideration of how to solidify the above operation mechanism and mode to the level of legislative system,that is,to establish and improve the collaborative legislation and its supporting system.That is to say,when the collaborative legislative process summarizes more mature experience,it is necessary to consolidate and promote the replicable collaborative legislative experience by establishing and improving the collaborative legislative system.The basic premise of establishing and perfecting the cooperative legislation and its supporting system is to reduce the cost of legislative system reform to the lowest level and prohibit the increase of administrative division level.The goal is to ensure that the cooperative legislation of the Yangtze River economic belt has legal basis.To achieve this goal,we need to build a leading coordinated legislative committee of the Yangtze River economic belt.Considering that the leading group office for promoting the development of the Yangtze River economic belt is located in the infrastructure development department of the national development and Reform Commission of the State Council after the institutional reform of the State Council in 2018,and considering the functional authority of the infrastructure development department and its "high-level binding" of the national development and Reform Commission,we need to integrate the Yangtze River Economic Belt Association It is the best choice to locate the office with the Legislative Council in the infrastructure development division.In addition,we should grasp the difference between the great decision of good people,the legislative decision of the people's Congress and the legislative decision of the people's Congress,standardize the exercise of the legislative decision of the people's Congress,ensure the public's participation in the law and establish and improve the evaluation of legislative synergy,which is the fundamental basis for improving the coordinated legislative system.In addition,in order to ensure that the coordinated legislation system of the Yangtze River economic belt can fully release its system effectiveness,we should improve the coordinated legislation system of the Yangtze River economic belt through four aspects: improving the ecologicalcompensation system of the Yangtze River economic belt,promoting the land spatial planning system of the Yangtze River economic belt,optimizing the local performance evaluation mechanism of the Yangtze River economic belt,and improving the judicial mechanism of the cooperative law enforcement of the Yangtze River economic belt.The conclusion part points out that the coordinated legislation of the Yangtze River economic belt is the system innovation of the local legislation to meet the needs of reform,the specific allocation and function setting of the local legislative power,and the important measure of the legislative system reform of our country.The essence of the legislative conflicts among the regions of the Yangtze River economic belt is that the regional public interests have not been coordinated and balanced,which leads to the coordinated legislative process of the Yangtze River economic belt That is to say,135 coordinated entities in the Yangtze River Economic Belt agree with the regional collaborative legislative plan,And in this plan,the process of coordinating the conflicts of interest between each other and rising to legal norms through coordinated legislation is the process of transforming the externalities existing in the whole basin into the internal problems of each administrative region.The purpose of coordinated legislation is to seek the overall balance of interests in the upper,middle and lower reaches,and how to play the initiative and initiative of the central and local governments under the premise of the unification of the legal system,And hope to explore a feasible way to realize the modernization of national governance.Through the demonstration of the whole paper,it is believed that the current coordinated legislation of the Yangtze River Economic Belt will be loose,semi-tight and tight for a long time and gradually coexist.To realize the coordinated legislation of the whole basin in the "tight mode",without changing the existing administrative division level,it will depend on a strong regional coordinated legislature to promote,which must be established in a relatively sound Coordinated legislation and supporting systems.The value of the coordinated legislation in the Yangtze River economic belt must be recognized,and its development needs to be paid more attention and guaranteed.We must admit that with the further promotion ofthe development strategy of the Yangtze River economic belt and the outline of the development plan of the Yangtze River economic belt,the thesis still needs to be tested in practice,and naturally there is a need to further deepen the demonstration.At the same time,the author will devote the rest of his life to keep continuous attention and rational examination on this field. |
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