| Environment is the foundation of human survival and development.In recent years,local legislation has paid more and more attention to the environmental field,especially after the 2015 Legislative Law was revised,cities(autonomous prefectures)divided into districts have gained the legislative power in “urban and rural construction and management,environmental protection,and historical and cultural protection ",various cities divided into districts across the country have issued environmental laws and regulations in order to solve local environmental problems.Hubei Province is rich in environmental resources.Under the development strategy of establishing an ecological province,Hubei Province attaches great importance to the role of local environmental legislation in ensuring the protection of the ecological environment,and constantly improves the content of local environmental legislation.After the "Legislative Law" was revised,12 cities(autonomous prefectures)divided into districts in Hubei Province were newly granted environmental legislative powers,and local environmental legislation was successively carried out,and certain legislative results were achieved.However,due to the current cities divided into districts(autonomous prefectures)in Hubei Province Local environmental legislation is still in the exploratory stage,and various problems have been exposed in the practice of environmental legislation.Therefore,it is meaningful to study the local environmental legislation of cities(autonomous prefectures)in Hubei Province.In addition to the conclusion,this article is divided into five parts:The first part is the introduction,which introduces the research background and significance of this article,research literature review,research content and methods,and innovations of this article.This part focuses on the subject of the article and clarifies the research object.The second part first clarifies the scope of the local environmental legislation of the cities divided into districts in Hubei Province.Secondly,through the theoretical analysis of the local environmental legislative power,the theoretical basis of the local environmental legislation of the cities divided into districts is explained.At the same time,the cities divided into districts of Hubei Province are introduced.The legal basis of the city’s local environmental legislation,and finally focuses on the evaluation criteria of the legitimacy,local characteristics,and democracy of the local environmental legislation.The third part is based on the investigation of the local environmental legislation texts of 12 cities divided into districts(autonomous prefectures)in Hubei Province,and objectively analyzes the status quo of local environmental legislation.First of all,from a macro perspective,summarize the current effective local environmental laws and regulations of Hubei Province divided into cities,and conduct an analysis of the legislative proportion and legislative composition.Secondly,from a micro perspective,it analyzes the legislative style of local environmental legislation in Hubei Province,as well as key provisions such as supervision and management clauses,public participation clauses,and legal liability clauses.The fourth part is based on the above analysis of the status quo of local environmental legislation in cities with districts in Hubei Province,combined with the practice of local environmental legislation in cities with districts in Hubei Province,Explore the existing problems in its current local environmental legislation.The specific manifestations are: there are a large number of unnecessary legislative repetitions and too much emphasis on the integrity of the legislative form while ignoring the local actual environmental legislative needs;the supervision and management subject is not clear and the supervision and management methods are unscientific;In public participation,the establishment of participants is unreasonable,lack of regulations on participation procedures,lack of effectiveness of participation,and lack of regulations on citizens’ right to participate in the environment in the content of legislation;some provisions in environmental legislation conflict with higher-level laws,and there are legal flaws.In the fifth part,in response to the aforementioned problems,suggestions are made from five aspects,specifically:adhere to the characteristics and target orientation of local environmental legislation,highlight local characteristics in legislative procedures,clarify local legislative powers,clarify supervision and management bodies,establish environmental supervision and operation procedures,and establish Two-way communication and feedback mechanism and incentive and compensation mechanism for public participation in legislation,clarify the specific procedures for public participation in environmental protection,build a public network to participate in legislation interactive platform,make full use of big data technology systems to integrate legislative opinions and suggestions,Reasonably stipulate public participation procedures to realize the whole process of public participation in environmental protection,clarify "non-contradiction" and "existence" The relationship between the "characteristic" principle and the specific standard of the "non-contradictory" principle should be fully grasped. |
