Jurisprudential Turn And Institutional Development Of Legislation In The Yangtze River Basin

For a long time,in order to pursue economic interests and promote social progress,people have been exploiting and utilizing the Yangtze River Basin,but neglected the management and protection of the Yangtze River Basin.At present,although some laws and regulations have been promulgated in our country,under the legal concept of reductionism,these laws and regulations and regulations can not properly solve the special problems faced by the Yangtze River Basin.Therefore,we should break down the obstacles of the current legal concept,study the problems in the traditional model of the Yangtze River Basin,and establish new legal concepts and related systems to promote the Yangtze River Economic Zone.Green development and better protection of the Yangtze River are of great significance.First of all,the current legal system construction and system construction in the Yangtze River Basin are based on reductionist jurisprudence thinking.This traditional model can not properly handle the real problems in the Yangtze River Basin.The legislation of the Yangtze River Basin needs new jurisprudence as support,and the study of new jurisprudence needs to first analyze the legal obstacles of the traditional model.Firstly,the characteristics and problems of legislative model are analyzed.Firstly,resource legislation is relatively independent from environmental legislation;secondly,the influence of departments in legislation is too great;thirdly,legislation and regulations are relatively scattered;secondly,the theoretical characteristics of reductionism and its influence on legislation in China are needed to be studied.Secondly,under the traditional mode,there are still serious problems in the management of capital and division of power in the Yangtze River Basin.Resource management can be divided into two aspects: the lack of resource allocation mechanism and the lack of centralized and unified management;the division of powers can be divided into three aspects: local tendency,confusion of allocation and low integration of management.Thirdly,based on the analysis and research of reductionist jurisprudence before,this paper explores the new jurisprudence of legislation in the Yangtze River Basin,including the establishment of new jurisprudence and new legislative model.The new jurisprudence part of the Yangtze River Basin includes two parts: the guiding ideology and legislative principles established by holism and the specific system designed by reductionism;the new legislative mode is a comprehensive legislative mode,and the establishment of a comprehensive legislative mode mainly discusses the transformation of the legislative mode under the new jurisprudence concept.Finally,the Yangtze River Basin legislation not only needs to promote the overall legislation of the Yangtze River Basin,but also needs to reshape the resource management system and the power system.Promoting the legislation of the Yangtze River Basin as a whole includes general principles,standards and planning,main contents of the protection of the Yangtze River,safeguards and legal responsibilities;reshaping the resource management system includes establishing a dual allocation mechanism of administrative and market cooperation and establishing a centralized and unified management system;reshaping the power system includes the following parts: first,the need for power When allocating,we should clarify the criteria of allocation and refine the types of allocation.Secondly,we need to improve the level of management institutions and update their functions and responsibilities.Thirdly,we need to improve the integration of regional management and watershed management.