Research On Shanxi’s Environmental Legislation From The System Theory Perspective

As a large province of resources, environmental issues have been the inevitable problem in Shanxi province. The Eighteenth National Congress of the CPC and The Third Plenary Session of the eighteen put environmental legal problems put a new height. Being the period of transforming development, Shanxi province should make a more positive action. The policy "prior to carry and try" does not only work with quiet hard application with a cavity blood, but also needs a scientific theory as the guidance of practice. We should make rational behavior based on the full analysis and summary. Many western famous jurists apply the system theory to the study of law, and have succeeded. The author hopes that using the related theories of system theory provides value guidance for the environmental legislation of Shanxi province, arousing more scholars to study the environmental legislation of Shanxi province. On one hand, through collecting the environmental legislative documents and other related data of Shanxi province, combining with the actual situation in Shanxi, analyze the existing problems of environmental legislation in Shanxi province. On the other hand, by comparing the foreign advanced ideas and systems in environmental legislation, we can find the measures that can be used for reference. At last, we hope that we can put forward valuable suggestions for the future environmental legislation in Shanxi Province.The first part:the author uses the eight principles of the system theory to analyze the current situation of environmental legislation in Shanxi province. In analyzing the current situation of legislation, through the time span, quantity statistics, legislative bodies and other aspects, comprehensively analyze the environmental legal system within 30 years in Shanxi province. After the macroscopic analysis, in order to better analyze the problems of environmental legislation in Shanxi province, the author carefully compares the 25 environmental regulations, and analyzes the environmental regulations from the general, provision and annex three aspects of the regulations.The second part:From the five basic disciplinarian of system theory, analyze detail the existing problems and reasons of environmental legislation in Shanxi province. Scientific and systematic analysis, combined with the related concepts of law, provide the theoretical fundament for the advice of environmental legislation in Shanxi province, as discussed below.The third part:This part will continue to use the method of system theory to analyze characteristics of environmental legislation in different advanced countries and regions. And by comparing with the differences of environmental legislation in Shanxi province, more clear the existing problems of environmental legislation and the future develop direction in Shanxi province. This article points that the Ruhr area mode and Pittsburgh pattern have more reference value on the transformation of Shanxi province in the period of development of environmental legislation.The fourth part:This part once again uses the five basic rules of system theory, giving some suggestions on environmental legislation in Shanxi province. The paper concludes that, Shanxi Province should optimize the evolution law in the future environmental legislation, more reflect the natural ecological rules; use the competitively cooperative rule and clear the responsibilities of environmental protection from the legislative body; grasp the information feedback and improve the efficiency of environmental legislation; understand the structure function correlation law and perfect the public participation in environmental protection and the market adjustment mechanism; follow the fluctuating order and carry out the sustainable development concept of environmental legislation.