Research On Risk Prevention And Control Of Local Legislative Power Transfer In Environmental Protection

After the revision of the Legislation Law in 2015,legislative powers such as environmental protection were transferred to the district-based cities.Powers to formulate local regulations ".This revision is undoubtedly of great positive significance for further improving the local governance system and improving the governance capacity of local governments,and is also the innovation and development of China’s legislative system.But at the same time,we believe that the downward movement of local legislative powers also has potential risks and will produce consequences that are contrary to the original intention of the legislator.To this end,it is necessary to seriously study and judge the risk of this legislative power down and provide corresponding countermeasures to effectively control and prevent the occurrence of this risk.Based on this,the thesis selects the local legislative matters of the local legislative power down for environmental protection,discusses various risks that may exist in the process of this type of legislative power down,and puts forward suggestions for prevention and control.Firstly,taking the historical evolution of local legislation in China as the starting point,the background,theoretical basis and practical significance of the downward movement of the local legislative power of environmental protection are analyzed through the review of the historical context of local legislative power.In the main part of the text,the potential risks of the downward movement of environmental protection local legislative power are discussed in detail,and it is considered that there are risks that the quality of local environmental protection legislative power is difficult to guarantee,the risk of local interest sectorization,and the environmental law system is "fragmented" ",The risk of formalization of the record review system and the risk of irregular legislative procedures.In the last part of the thesis,the countermeasures for the potential risks of the local legislative authority for environmental protection are shifted down.It is believed that the judicial review must be strengthened on the basis of perfecting the record review system;the quality of local legislation for environmental protection should be improved by standardizing local legislative procedures;The use of negative opinions formed by the tripartite assessment agency on the assessment of legislative quality;the possibility of establishing accountability mechanisms for the quality of local environmental protection legislation to blame local environmental protection legislation.