Comprehensively tamping the cornerstone of the rule of law for the construction of ecological civilization

2022-09-30

Since the 18th National Congress of the Communist Party of China, the construction of ecological civilization in China has made great achievements that attract worldwide attention. Over the past decade, China has comprehensively built the strictest system and the strictest rule of law from multiple dimensions of environmental legislation, law enforcement and justice, laying a solid foundation for the construction of ecological civilization. We will reform our ideas and improve the legislative system for ecological civilization. After the 18th National Congress of the Communist Party of China, the revision of the Environmental Protection Law opened the curtain of the renewal and iteration of China's environmental legislation. From the traditional "command and control" legislation to the new environmental legislation embodying the concept of green development and pluralistic governance, an innovation is quietly taking place. In the face of the "soul question" about the priority of economic development and environmental protection at the legislative level, the implementation of the "green development concept" has become the final answer. The revised Environmental Protection Law "takes the lead" to publicize and implement the concept of ecological civilization through the new legislative thinking of "legislative purpose of ecological civilization construction+national strategy of environmental protection+new balance concept of economic and social development coordinated with environmental protection+basic principle of protection priority+several systems+illegal liability". Over the past decade, China's environmental protection legislation has insisted on promoting the participation of multiple subjects, and constantly injected vitality into the modernization of the ecological environment governance system and governance capacity. Environmental protection law and other laws endow administrative organs with more powerful means of environmental law enforcement, and further clarify the environmental protection responsibilities of local governments and their accountability mechanisms. The introduction of environmental protection tax law, resource tax law and other relevant laws, as well as incentive and safeguard systems such as green finance, green credit and green insurance, further stimulated the vitality of market players to participate in environmental protection. The Environmental Protection Law established "public participation" as the basic legal principle for the first time, and added a special chapter of "information disclosure and public participation". Later, it was continuously improved by public participation supporting systems such as environmental information disclosure, which provided institutional support for public participation in environmental protection. The ecological civilization legislation system, with the environmental protection law as the command and the separate laws and supporting laws and regulations in the fields of pollution prevention, resource protection, ecological protection as the backbone, has begun to show its scale of improvement. The promulgation of the Law on the Prevention and Control of Soil Pollution, the Biosafety Law, the Yangtze River Protection Law and other laws has also become a new field and new type of legislative topics. Since the 18th National Congress of the Communist Party of China, in the innovation and improvement of environmental legislation, the construction of ecological civilization has a solid foundation of the rule of law. Meet difficulties and innovate, and strictly abide by the principle of ecological civilization law enforcement. It is necessary to innovate the environmental law enforcement means and optimize the law enforcement measures. In the past decade, China has actively promoted the reform of the environmental law enforcement system, strengthened the means of environmental administrative law enforcement, and normalized the implementation of the central ecological environmental protection supervision. The revised Environmental Protection Law and the four supporting measures aimed at strengthening administrative law enforcement have provided local ecological and environmental authorities with "steel teeth and sharp teeth" such as daily continuous punishment, seizure and detention, production restriction and production suspension, and environmental detention, helping to effectively implement the strictest environmental law enforcement principles. The central ecological and environmental protection supervisor has developed itself in the exploration, and "government supervision" and "enterprise supervision" have been carried out simultaneously, providing supervision for the strengthening of environmental law enforcement

Edit:sishi    Responsible editor:xingyong

Source:https://epaper.gmw.cn/gmrb/html/

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