On The Rule Of Law In The Construction Of Ecological Civilization In Qinghai

In March of 2018,ecological civilization was historically enshrined in the constitution and the development of ecological civilization was protected by the constitution.The rule of law plays a fundamental,leading and supportable role in the development of ecological civilization under the background of comprehensively governing the country by law.Many a problem within the development of ecological civilization are related to the lack of safeguarding role of law.Therefore,we should take advantage of the power of the rule of law to carry forward the development of ecological civilization As a national ecological safety barrier and important ecological function zone,Qinghai enjoys a large variety of ecological types,among which Sanjiangyuan area is regarded as The Water Tower of China.The biggest value,the largest responsibility and the most potentials of Qinghai lie in ecology,which assures that the accomplishment of the rule of law as to the development of ecological civilization means greatly.During the process of research,the comparison way integrated with case research is horizontally utilized to sort out and comparatively analyze the exemplary models of experiences accumulated from ecological rule of law at home and abroad so as to attain the useful implication for the legalization road of the development of Qinghai ’ s ecological civilization.With the continuously deepening knowledge of provincial status,vertically,changes for the major carriers of implementing the ecological strategies in Qinghai occurred such as National Ecological Civilization Pilot Zone and National Park Demonstration Province that Qinghai pioneered to establish for two times.The legalization road of development of ecological civilization are analyzed by the integration with characteristic carriers.The combination through horizontal and vertical way constructs an effective approach to enhance the rule of law in ecological civilization in Qinghai province.By following this way,the article composed of five parts researches into the issues related to the road of rule of law in ecological civilization of Qinghai.The first chapter mainly discusses the thought sources of the rule of law in the development of ecological civilization.Based on further explaining the basic concepts explicitly for ecological civilization,the development of ecological civilization and the rule of law in the development of ecological civilization,the chapter sorts through the evolutionary process of the development concept of ecological civilization along with the concept basis of the construction of civilization development.Consequently,it indicates that the legalization of ecological civilization with Chinese characteristics is a mechanic integration of the the value of Marxist ecological civilization,Chinese traditional philosophy thought and the concept of the development of ecological civilization.Therefore,the development of rule of law in ecological civilization should be promoted by means of voluntarily standing out of the integration.The second chapter mainly discusses the constitutional protection of legalization of the development of ecological civilization.Ecological civilization enshrined in the constitution is vividly described in terms of regulation and guidance in the Preamble,General Principles and the Structure of the State in constitution.The process of legalization of the development of ecological civilization is the process of promoting the implementation of the constitution and also better embodying the spirits of the constitution in ecological civilization in terms of legislation,law enforcement,administration of justice,law observance and law supervision.The third chapter mainly discusses the national and international examples during the process of improving the practice of legalization of the development of ecological civilization.By comparing the national examples(Fujian,Guizhou and Yunnan provinces)with examples from overseas developed countries(the USA,the UK,Japan and Germany),the general rule of the development of legalization of ecological civilization is obtained.We should enhance the development of ecological civilization on the basis of green development,promote characteristic legislation in accordance with regional status and step up the reform of comprehensive enforcement in ecological fields and strengthen law supervision in ecological civilization.Meanwhile,there are a number of approach implications in the aspects of mechanic establishment of ecological laws,the special institutions of ecological courts,environmental public interest lawsuit,ecological accountability and ecological citizen’s participation.The fourth chapter mainly discusses the practice process of the legalization of the development of ecological development in Qinghai,which is composed of two parts.On the one hand,it sorts out major practice in legislation,law enforcement,administration of justice and law observance.On the other hand,it shows a three-dimensional and vivid practice of legalization of the development of ecological civilization according to the special provincial and Tibetan region status and major actions in the way of national park construction,environmental public interest litigation,innovation of voluntary services to accomplish the civilian ’ s participation,ecological review and accountability,ecological compensation and so on.However,some dilemmas occur during the application,which urgently needs to be dealt with through the improvement of ecological legalization mechanism and the innovation of the practice by rule of law.The fifth chapter offers the ideas to deepen the rule of law in the development of ecological civilization in Qinghai and improve law regulation of ecological civilization in the aspects of circular economical development,ecological compensation and national parks so as to protect during the development by means of noticing some current dilemmas of rule of law and comprehensively comparing law practice at home and abroad.It is necessary to further clarify the responsibilities of each subject and each level of governments in the construction of ecological civilization,and enrich the functions of the construction of ecological civilization in villages and townships.We should further optimize the evaluation index system of ecological civilization construction,expand the social evaluation,and establish the fault-tolerant incentive mechanism on the basis of improving the ecological accountability mechanism.We should promote the guidance of ecological rule of law culture,strengthen publicity and education,and enhance the public’s ecological awareness and ecological rationality.We should promote the integration of the rule of law with other means such as economy and administration in the construction of ecological civilization so as to play a synergistic role.The conclusion section not only summarizes the paper from different aspects,but also takes into account the requirements of promoting national governance systems and modernization of governance capability presented by the forth plenary session of the nineteenth central committee of the CPC and forecasts the direction of promoting modernization of ecological governance so as to deepen and broaden the further knowledge for the article.