Research On The Ecological Governance Obligations Of Local National Institutions In The Constitution

The 2018 Constitutional Amendment officially included "ecological civilization" into the constitutional text.The overall layout of "economic civilization,political civilization,cultural civilization,social civilization,and ecological civilization" provides a goal guide for the comprehensive construction of our country in the new era.The Fourth Plenary Session of the19 th Central Committee of the Communist Party of China proposed to "implement the strictest environmental protection system" and "improve the ecological environmental protection legal system,the law enforcement and judicial system." The legal system with the Constitution as its core specifically regulates the behavior of the subjects of ecological environment governance,and the subjects of ecological environmental governance need to be restricted by the constitution and laws to conduct environmental governance.Under this premise,local state agencies that have undertaken important responsibilities for ecological environment governance need to be fully authorized by the Constitution and laws,and they need to be fully regulated by the Constitution and laws on their governance behaviors.With the development of governance modernization,the means and subjects of ecological governance have both become more and more diversified.State agencies of all levels and types are likely to participate in ecological governance.In this context,from the perspective of the main body of the exercise of state power,it is of great significance to conduct research on how local state agencies,including legislatures,administrative agencies,and judicial agencies,undertake and perform their ecological governance obligations.This paper contains four chapters except the introduction and conclusion.The first chapter is the research on the basic theory of ecological governance obligations of local state agencies.From the perspective of theoretical origin,the theory of constitutional control of state power is of great significance in the context of first-line governance.State agencies should protect the basic rights of citizens.Ecological governance must move from state responsibility to state obligation,and long-term ecological civilization construction has provided sufficient external theoretical resources for the ecological governance obligations of local state organs.The traditional Chinese constitutional system includes ecological thinking represented by "the harmony between man and nature",and the ecological governance practices and systems represented by "flood disaster" management in ancient China are also“important origins of the ecological governance obligations of local state organs”.From the basic connotation point of view,"ecology" refers to the state of living and developing in a certain natural environment.The two most important features in the ecosystem are integrity and cyclicity.The state’s ecological governance is part of the state’s governance,and it needs to be carried out within the scope of the rule of law.The ecological governance obligations of local state organs have the functions of protecting citizens` basic environmental rights equally,clarifying the power of ecological governance of local state organs,and maintaining regional ecological order.From the perspective of classification,the local state agency system is a passive institutional system formed in the allocation of state power,which corresponds to the central state agency.The ecological governance obligations of state agencies can be divided into two levels: the ecological governance obligations of central state agencies and the ecological governance obligations of local state agencies.The second chapter is the normative basis for the ecological governance obligations of local state agencies.The preamble of the Constitution provides fundamental guidance for the ecological governance obligations of local state agencies.Ecological civilization,beautiful China and new development concepts directly guide the systems and practices of local state agencies’ ecological governance obligations;fundamental tasks,guiding ideologies,and a community of human destiny indirectly guide the systems and practices of ecological governance obligations of state agencies.Articles 9 and 26 of the Constitution clearly regulate the ecological governance obligations of state agencies,while Articles 10 and 22 supplement the ecological governance obligations of state agencies,forming the basic framework of the general outline of the ecological constitution,and outlining the basic features of the ecological governance obligations of local state organs The Constitution’s norms for the powers of state agencies directly or indirectly express the ecological governance obligations of local state agencies,including local people’s congresses,local governments,and local judicial organs at all levels.The obligation of ecological governance will no longer be shelved,but will be implemented in ecological practice together with our country’s state organ organization system to achieve institutional goals and return to the origin of this system.The third chapter is about the system operation and predicament of the ecological governance obligations of local state agencies.The system construction of the ecological governance obligations of local state organs runs through the construction of the national system since the founding of the People’s Republic of China.From the perspective of the legal system,the environmental law in the current institutional system basically provided the basic performance norms for the ecological governance obligations of local state agencies.Basic law on the environment provides specific authorization to perform duties,and separate environmental protection laws categorize and restrict governance behaviors.In the specific system operation,the normative connection between the constitutional ecological governance norms and the environmental law has gradually emerged,and the normative guiding effect of the ecological civilization clauses has been increasingly exerted.The constitutional environmental clauses and the environmental law norms Have been connected specifically.The constitutional environmental clauses and the environmental law is gradually moving towards systemic integration.In the specific implementation of the environmental law,the combination of multiple environmental protection elements has promoted the development of standardized implementation from the protection of a single environmental element to systematically linked governance.Ecological governance responsibilities and ecological governance powers are specifically implemented through laws and regulations,and local government agencies implement coordination.It has become a new model in the implementation of ecological governance laws.The impact of the external governance system cannot be ignored.Ecological policies have a fundamental and long-term impact on the practice of ecological governance.The normative effect of internal party regulations on ecological governance determines the implementation of ecological governance obligations,and the influence of local interests actually affect all aspects of local ecological governance.Of course,in the current system practice,the requirements for the protection of the basic rights and interests of citizens require local state agencies to fully perform their duties.The restriction of the “party and government with the same responsibility” of environmental protection in the system makes the performance of duties of relevant subjects face many perplexities.The changes in development concepts have a huge impact on the performance of state agencies.Both the local governance body and the local governance system need to respond to the impact in a scientific way.The fourth chapter is the improvement of the ecological governance obligation system of local state agencies.From the perspective of the theoretical system,the 2018 amendment to the Constitution has formed a theoretical supplement for the transition from political decision to state obligation at the constitutional level.Xi Jinping’s ecological civilization construction thought should provide sufficient resources for the development of the constitutional national goal.The principle of ecological priority and green development,the principle of the integration of party regulations and national laws and governance efficiency,and the principle of local development coordination and balanced allocation can not be ignored in guiding the implementation of the ecological governance obligations of local state agencies.Regional coordination and multiple participation are the methods that need to be followed to realize the integration of obligations.At the level of the constitutional system,we must not only pay attention to the timely improvement of constitutional norms,but also strengthen the realization of the ecological governance obligations of local state agencies in the implementation of the constitution.It is also necessary to actively absorb the resource supply of local ecological governance practices for constitutional changes.At the level of the legal system,it is necessary to reshape the departmental laws of the ecological governance obligations of local state agencies.Strengthening the legal construction of regional coordination of ecological protection,the improvement of the environmental justice public interest protection system,and the promotion of the development and role of local laws and regulations are all in the future to improve the legal system.Finally,we should make every effort to improve the implementation mechanism of the ecological governance obligations of local state agencies,build a mechanism for the constitution to restrict the implementation of the ecological governance obligations of local state agencies,follow the guidance of the new development concept on the implementation of the ecological governance obligations of local state agencies,and build an effective local state evaluation system for the implementation of the ecological governance obligations of the agencies to ensure that the ecological governance obligations of local state agencies are effectively implemented into the specific ecological governance practices.