An Empirical Study On Environmental Legislation In Districted Cities In Hunan Province

Ecological civilization is an inevitable requirement for the harmonious development of man and nature,and the construction of ecological civilization is a fundamental project concerning the sustainable development of the Chinese nation and the realization of the "two Centenary Goals".The environmental legislation of cities divided into districts is an important part of the construction of ecological civilization.In 2015,the Legislation Law of the People’s Republic of China(hereinafter referred to as the Legislation Law)was amended and passed,giving 14 districts and cities in Hunan Province the power to legislate on local environmental matters.As of April 2022,the local environmental legislation of cities divided into districts in Hunan Province has been carried out for more than seven years,but there are few relevant studies and analyses.It is urgent to make a summary of the local environmental legislation of cities divided into districts in Hunan Province in recent years.By discussing the boundary between "environmental protection" and "urban and rural construction and management" and "historical and cultural protection",this paper selected 43 local laws and regulations,and made a statistical analysis of the overall situation of environmental legislation in hunan province from the overall legislative status,legislative technology and legislative content.Through investigation,the average number of environmental legislation of each district and city in Hunan province shows an overall upward trend,and the legislation covers a relatively comprehensive field involving environmental protection,pollution prevention and control and environmental governance.In terms of regional distribution,the number of local environmental laws and regulations is basically in line with the level of local economic development and local environmental governance needs.The provinces have also made useful explorations in the collaborative management of river basins,such as the ecological environment of Dongting Lake and the Zijiang River system.At the same time,the investigation process also found that there are some problems in the local environmental legislation in hunan province.First of all,the revision and repeal of local environmental laws and regulations are not timely,which is due to the lag of legislative ideas and the absence of laws and regulations clearing mechanism.Therefore,timely cleaning up local environmental regulations should not only change the legislative concept,but also institutionalize the cleaning work.Secondly,some local environmental laws and regulations have improper name selection,comprehensive style and non-standard setting of contents,objectives and principles.The reasons behind it are closely related to the lack of legislative technical standards and legislative talents.In order to improve the legislative technology,we must perfect the legislative technical standards and improve the quality of legislative personnel.Finally,it is found that the local environmental legislation of the districts and cities in Hunan province is more focused on executive legislation than creative legislation.High repetition rate with superior laws and similar local laws and regulations;The characteristics of environmental law concept and governance means are not obvious.On the one hand,because the standard of "local affairs" is not clear,we can judge whether an environmental affairs is local affairs from its externality.On the other hand,the characteristic assessment mechanism of local environmental legislation is not perfect,and there is a lack of supporting supervision mechanism.Therefore,it is necessary to determine the assessment standard in form and essence,strengthen the characteristic assessment before and after legislation,and build a supporting supervision mechanism of characteristic assessment.