The Research On The Cooperative Legislation Of Regional Environment

Economic globalization and regional integration are two major development trends in the world.However,in recent years,the United States has been withdrawing from international treaties and organizations,holding back economic globalization.Therefore,regional integration has increasingly become a development mainstream.As the world is undergoing great changes unseen in a century,the 5^th Plenary Session of the 19^thCPC Central Committee approved the Recommendations of the Central Committee of the Communist Party of China（CPC）for Formulating the 14^th Five-Year Plan for Economic and Social Development and Long-Range Objectives through the Year 2035,putting forward the idea of fostering a new development paradigm with domestic circulation as the mainstay and domestic and international circulations reinforcing each other.Promoting coordinated development among regions underpins the domestic circulation.Therefore,in 2018,the CPC Central Committee and the State Council issued the Opinions on the Establishment of a New Mechanism for More Effective Coordinated Development.The Opinion points out that the implementation of coordinated development is a key national development strategy in the new era.It requires improvement in function zoning among regions so as to strengthen synergy,coordination and integration in regional development,thereby establishing regional mechanisms for cooperation,mutual assistance and interest sharing.On that note,be it in environmental work or implementation of major legislation work,we must proactively calibrate our plans and measures following the goal of promoting synergized development.Only by adopting a way of thinking based on coordinated development,can we ensure that the environment-related legislative work complies with the requirements of the time and stays on the right track.Environmental problem represents a common challenge faced by humanity,with the impact of pollution going beyond a certain area.In this sense,environmental problems are more of regional ones.When it comes to pollution,“region”is a multi-dimensional concept.First of all,environmental pollution is caused by production and living of human beings.In this context,we tend to think of“region”as“an economic region”.Secondly,the dissemination of environmental pollution in terms of direction and scope does not subject to the will of people,but is mainly affected by natural factors such as landform,direction and velocity of wind and water flow.In this context,the notion“region”is more of“a natural region”.Thirdly,in terms of environmental pollution control,environmental protection is the inherent responsibility of governments,which are managed by administrative divisions.In this sense,the concept of“region”is more likely to be“an administrative region”.Thus,the idea of“an environmental region”constitutes at least three dimensions of connotation.These three attributes can act as both the cause and the outcome,resulting in cross-regional or cross-basin environmental pollution and governance problems.For example,some cross-regional environmental pollution cannot be addressed by independent efforts of local governments,like smog,acid rain,sandstorm,desertification,rocky desertification,ozone hole as well as pollution of surface and underground water.In tackling these problems,we are likely to fall into a dilemma where the central government could not effectively solve the problems while unaffected localities are unwilling to and impaired localities are unable to address them.Facing challenges to control such cross-regional pollution,local governments within one region can find effective solutions only through concerted efforts,while the most effective way to do so is by legislation.Behaviors and responsibilities of all localities within one region should be better regulated by virtue of the compulsory force of law to ensure coordinated environmental governance across regions.At present,collaborative legislation on regional environmental issues has just started,and there has been not so many successful experiences and established theoretical studies to refer to.Thus,this paper focuses on the collaborative legislation in regional environmental governance.By tapping multiple methods,including literature analysis,comparative analysis,value analysis and system analysis,as well as knowledge on related discipline such as law,environmentology,economics and public management,it studies samples of collaborative legislation both at home and abroad,illustrates development dilemmas of collaborative legislation in China and provides advice on legislative principles and modes as well as mechanism building in China,in an effort to providing institutional support for China’s environmental governance and protection in the context of regional integration.Introduction and conclusion included,this paper has seven parts in total,and carries out discussions in a progressive manner,following the logical order of“theoretical analysis-case study-dilemma analysis-mechanism building”.The first chapter mainly summarizes the background and significance of the study,and introduces and comments on the previous researches both home and abroad.The second chapter focuses on defining the basic concepts of environmental collaborative legislation and analyzing it from the aspects of law,including logical analysis and value function analysis.The third chapter takes four typical regions in China as examples,i.e.the three Provinces of Northeast China,Beijing-Tianjin-Hebei Region,Yangtze River Delta,as well as Guangdong-Hong Kong-Macao Greater Bay Area;and takes the United States,Japan and the European Union as samples abroad to research on the domestic and foreign practice of regional collaborative legislation on environmental issues and provide useful experience and advice.The fourth chapter examines the difficulties and obstacles in the existing theories and practices in China from the perspectives of intrinsic causes,legal defects,lack of experience and effective mechanism.The fifth chapter summarizes five basic principles,namely legislative standards,equal consultation,interest sharing,respecting local characteristics and following due procedures.Taking these five principles as a guidance,the paper further indicates the need to coordinate legislative work between the central government and local governments,and the need to transform from a dispersed law-making mode to a centralized one.The sixth chapter analyzes the obstacles and aims to build up a workable mechanism suitable for China’s current legislative system through setting up standardized process,key content structure and institutional support.The seventh chapter reviews and summarizes,and briefly explains research outcomes and room for improvement.Collaborative legislation on environment issues across regions serves as the front line of environmental law and legislative science;it still has a long way to go on its improvement.It is a shared goal for Chinese legislators to establish such a system with Chinese characteristics.And it is hoped that this paper will contribute its share to solve the problem from its perspectives.