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Research On The Quality Of Local Environmental Legislation

Posted on:2019-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:G S FanFull Text:PDF
GTID:2371330566475749Subject:legal
Abstract/Summary:PDF Full Text Request
The 19 th CPC National Congress' s report puts forward that "we must set up and practice the idea that green water and green mountain is mountains of gold and silver,adhere to the basic national policy of saving resources and protecting the environment,treat the ecological environment like life",and build a beautiful China.In the development process of reform and opening up for more than 40 years,our country's economic construction has made remarkable achievements,at the same time,extensive economic development model has caused a large number of environmental problems of environmental pollution and ecological destruction.Therefore,environmental protection must be protected by law.Since the promulgation and implementation of the Environmental Protection Law of the people's Republic of China,a large number of local laws and regulations on environmental resources have been formulated throughout the country.Some environmental laws and regulations according to local environment according to the characteristics of environmental regulation,and achieved remarkable results,to make up for the lack of environmental legislation and legislative central void.However,due to the local environmental legislation content widely,especially the large number of local environmental legislation and legislative experience is not strong,lack of capacity,resulting in local environmental legislation the quality of this to a certain extent uneven in quality,influence and restrict the level of the rule of law in environmental governance.At present,there are many problems in environmental law in our country,especially the defects of environmental legislation have affected the implementationof environmental laws and regulations and the development of environmental protection work.Since the 1980 s,China has carried out a large-scale environmental legislation work,local environmental legislation system has been constantly established,in order to better protect the local environment,Various localities have formulated relevant laws and regulations that conform to the concept of local environmental governance.However,there are still many problems,such as conservative ideology,which leads to relatively backward environmental legislation.Environmental laws and regulations do not meet the requirements of the development of the times,so ecological environment protection and management are Was seriously affected.In addition,the minority areas are generally located in remote areas,so its ecological environment is relatively special,and the ecological value of preserving and protecting the national ecological environment is far greater than the economic and social value of its development and utilization.It can be found that there are some problems such as the guiding ideology and backwardness of legislation,the vacancy of legislative system,the confusion of relevant legislative relations,the immaturity of legislative technology,the legislative conflict,the legislative loophole and the lack of operability.In view of this,the author examines the quality of local legislation in our country through the text,in order to do a little bit for the local environmental legislation of our country.This paper mainly starts the research from the following four parts:The introduction first introduces the importance of the quality of environmental legislation and why this issue is studied,secondly,combs the academic achievements of domestic research on the quality of environmental legislation,and then introduces the main contents of the research.Research methods and ideas.The first part of the article is the concept and judgment standard of local environmental legislation quality.Firstly,it studies the concept of local environmental legislation,and then puts forward the necessity of national local environmental legislation and the legal significance of the quality of environmental legislation.Thirdly,the constitutionality,legitimacy,science,democracy,efficiency,technology and local criteria of environmental legislation quality are discussed.The second part of the article takes Guangxi as an example to discuss the problems and reasons of the quality of local environmental legislation in our country.This part first examines the current situation of Guangxi's environmental legislation,and then analyzes the problems existing in Guangxi's environmentallegislation.Finally,the author summarizes the reasons for the problems in the quality of local legislation.The third part of the article from eight aspects of the legislative measures to improve the quality of local environmental legislation,and finally summarized the article.
Keywords/Search Tags:locality, environmental legislation, quality, criterion for judgement, strategy
PDF Full Text Request
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