Research On Local Legislation Of Coastal Zone Management In My Country

Coastal zone is a complex area where land and ocean intersect each other.In the process of ocean development and utilization,coastal zone is the focus of people’s development and utilization.Coastal zone has played a role in the process of human economic development with its rich natural resources and ecological environment.Great effect.In recent years,the country has paid more and more attention to the protection and management of the coastal zone and proposed to strengthen the legislative work of coastal zone management.Especially after the amendment of the Legislative Law in 2015,the cities divided into districts in China have also been given the "environmental protection".The legislative power in the field provides legal protection and compliance for China’s coastal cities with districts to strengthen the coastal zone management legislation.Since China has not yet issued a national-level "Coastal Zone Management Law",in order to solve the increasingly complex local coastal zone management problems,some coastal provinces and cities in China have successively carried out coastal zone management legislative attempts.As of March2021,China’s 14 coastal provinces and cities divided into districts have carried out coastal zone management legislation attempts and achieved certain legislative results.However,as the local legislation for coastal zone management is still in the exploratory stage,legislation on coastal zone management Some problems have also emerged in practice.Therefore,studying the local legislation of coastal zone management in China has certain theoretical value and practical significance.The full text is divided into five parts in addition to the foreword and conclusion:The first part is an overview of the related concepts and theoretical basis of coastal zone management.Specifically,firstly,the definition and characteristics of coastal zone are sorted out;secondly,the theoretical basis of coastal zone management is enumerated and its content is explained,which lays a solid theoretical foundation for the following research.The second part is an empirical analysis of 14 local legislation texts on coastal zone management in my country,and objectively analyzes the current status of coastal zone management local legislation.First,it summarizes and analyzes the characteristics of the 14 legislative texts at the macro level.Secondly,it summarizes and analyzes the key provisions of the legislative texts,such as the legislative style,the coastal zone management comprehensive coordination agency,the public participation clause,and the legal liability clause,from the micro level,for the followup Provide a basis for the study of local legislation on coastal zone management.The third part analyzes the current situation of the local legislation of coastal zone management in our country and explores the deficiencies in the local legislation of coastal zone management in combination with legislative practice.The specific manifestations are: the existence of legislative plagiarism;the establishment of an unreasonable coastal zone management comprehensive coordination institution;the insufficient public participation in the local legislation of coastal zone management,mainly including: lack of public willingness to participate,low public participation,lack of effectiveness of participation,and lack of support The specific provisions of the public participation procedure;some provisions in the local legislation of coastal zone management conflict with the relevant upper law.The fourth part is the experience of US coastal zone management legislation for reference.Specifically,the first is to investigate the main legal systems of the US coastal zone management legislation,including the comprehensive coastal zone management coordination agency,the coastal zone management planning system,the performance evaluation system,and the public participation system;the second is to combine the abovementioned coastal zones in China.There are deficiencies in the local legislation for coastal zone management,and feasible suggestions are made,including the establishment of a higher comprehensive coordination agency for coastal zone management and the strengthening of public participation.In the fifth part,in view of the above-mentioned problems in the coastal zone management local legislation,suggestions on improving my country’s coastal zone management local legislation are proposed from the following four aspects.Specifically: highlight the characteristics of local legislation for coastal zone management,including focusing on upholding problem orientation,strengthening post-legislative evaluation,and establishing a legislative local feature supervision mechanism;improving the leadership level of the coastal zone management comprehensive coordination agency,and optimizing the coastal zone management comprehensive coordination agency;Strengthen public participation in local legislation for coastal zone management,including establishing a two-way interactive feedback mechanism and compensation mechanism between the legislature and participants to improve the public participation system,clearly stipulate reasonable public participation procedures,establish an online participation platform,strengthen online public participation legislation,and focus on applications Big data technology strengthens the integration and optimization of legislative opinions and suggestions;it is necessary to fully grasp the specific standards of the "nonconflict" principle to prevent conflict with the upper law.