| The Yellow River Basin is a complex system of ecology and society.To solve the ecological problems of the Yellow River Basin,it is necessary to provide support for the ecological protection of the Yellow River Basin from the perspective of system governance and the strong normative role of the rule of law.This is the requirement that the ecological protection of the Yellow River Basin conforms to the overall nature of the Yellow River Basin,and it is also the inevitable requirement for improving the governance effect of the rule of law on the basin,strengthening legal protection and realizing the rule of law to ensure the development of ecological civilization.At present,China’s rule of law in the Yellow River Basin has a certain theoretical research depth and social foundation.In practice,China has initially established the rule of law system in the Yellow River Basin.However,at present,the rule of law system separates the relations among the elements in the whole basin system,and fails to solve the ecological problems in the Yellow River basin from the perspective of system governance.Under this background,this paper first discusses the importance of ecological protection of the Yellow River Basin from the perspective of system governance,and discusses that the system governance concept can solve the current ecological problems of the Yellow River Basin by using the methodology of rule of law and the concept of system governance of mountains,rivers,lakes and grasses,thus providing a new theoretical perspective for ecological protection of the Yellow River Basin.Secondly,it continues to discuss the deficiencies in the current legalization of ecological protection in the Yellow River Basin,including the incomplete legal norms;In the implementation of the law,the authority of law enforcement agencies is insufficient,and the coordination of judicial subjects is insufficient;In the supervision of the rule of law,procuratorial organs and social forces are imperfect in participating in the supervision of the rule of law;In the guarantee of rule of law,there are some problems,such as the lack of legal talents’ ability and the weak awareness of citizens’ rule of law.Next,actively learn from the experience of system governance in river basin rule of law at home and abroad,combine the rule of law demand of landscape,forest,lake and grass system governance theory and the legal methodology of system governance,and put forward the conception of promoting the rule of law of ecological protection in the Yellow River Basin from the perspective of system governance.Finally,this paper puts forward that system governance is the core idea of building the rule of law in the Yellow River Basin,highlights the role of collaborative legislation in the system governance of the basin,and then puts forward some suggestions.By establishing the comprehensive legislative model of the Yellow River Basin and constructing the cooperative legislative mechanism of ecological protection,we can improve the legal and regulatory system;Clarify the main responsibility of joint law enforcement and strengthen law enforcement coordination,and increase the depth and scope of cross-regional cross-regional judicial cooperation by establishing a smart judicial system and a long-term communication and cooperation mechanism among judicial subjects,so as to promote the effective implementation of the law on ecosystem governance in the Yellow River Basin;Through perfecting the mechanism of early intervention of procuratorial supervision and innovating the mode of procuratorial organs’ participation in case management,we can promote procuratorial organs to play their supervisory functions,and guarantee the right of multi-subject supervision through legislation;Finally,we should strengthen the legal guarantee system by innovating the talent training mechanism and establishing the law-abiding incentive mechanism in the Yellow River Basin. |
