Study On The Local Legislation Of Ecological Poverty Alleviation

Under the implication of the strategy of comprehensively promoting the rule of law in China,the promotion of the construction of the local legislation guarantee system of ecological poverty alleviation has important political and social significance for the ongoing Poverty Alleviation(2018-2020),the modernization of national governance capacity and the construction of Rural Revitalization.It can not be ignored that although the ecological poverty alleviation work plan implemented in January 2018 named ecological poverty alleviation in the form of administrative normative documents for the first time,the basic data of local legislation on ecological poverty alleviation is still very lacking.This paper first analyzes the concept,connotation and theoretical basis of ecological poverty alleviation,then describes the local ecological poverty alleviation policy mode and its difficulties,and finally puts forward the local ecological poverty alleviation legal mode and its construction.This paper holds that the core of the concept construction of ecological poverty alleviation is ecological protection and poverty alleviation and development,which is a public policy tool with various objectives and tasks,different regulation and supply objectives and means.Therefore,in theory,ecological poverty alleviation is faced with the problem of double-layer conflict between regulation and supply goals and means,especially the contradiction between the state’s payment behavior and regulation behavior in the poverty alleviation and development,which blurs the tension between ecological protection and poverty alleviation and development,and intensifies the tension between ecological protection and poverty alleviation and development.It increases the complexity of local government’s implementation of ecological poverty alleviation policies.This requires that local governance should explore the legal governance measures through the local legislation of ecological poverty alleviation in response to the complexity of ecological poverty alleviation.In general,this paper discusses the necessity,feasibility and urgency of local legislation of ecological poverty alleviation through the analysis of the local ecological poverty alleviation policy mode and its difficulties,and then emphasizes the establishment of organizational leadership,investigation and pilot work of local legislation of ecological poverty alleviation,as well as the establishment of public service purpose,environmental regulation and welfare supply goal of local legislation of ecological poverty alleviation.And through the legal governance path of“regulation-supply”,the paper emphasizes the establishment of the regulatory structure of ecological poverty alleviation with the protection type of “ecological protection and economic welfare supply” and the development type of ecological poverty alleviation with the emphasis on "poverty alleviation development and environmental regulation",so as to realize the legal governance requirements of local legislation of ecological poverty alleviation,promote order connection of ecological poverty alleviation,the modernization of national governance capacity and Rural Revitalization Strategy.