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    Administrative Protection of Environmental Public Interests in National ParkLegislation
    SUN Youhai, LIN Yuqiu
    Journal of Jishou University(Social Sciences Edition)    2023, 44 (3): 62-74.   DOI: 10.13438/j.cnki.jdxb.2023.03.006
    Abstract415)      PDF(pc) (1598KB)(263)       Save
    In recent years,the generalization of environmental public interest and the alienation of administrative power have become two major challenges to the construction of administrative rule of law in national parks in China.The multiplicity of the value of national parks and the uncertainty of decision-making guidance of administrative organs are the important reasons for the ineffective administrative protection of environmental public interests.In order to reverse this dilemma,it is necessary to establish the guiding position of Xi Jinping thought of ecological civilization and the principle of balance of interests at the top level of design,and scientifically define the connotation and extension of environmental public interest.At the level of system guarantee,we should,in accordance with the requirements of systematic governance,straighten out the administrative supervision system,strengthen the cooperative governance between departments and regions,improve the planning management system,and improve the supervision system of the rule of law,optimize the procuratorial public interest litigation and the central ecological environment protection supervision system,so as to create a new pattern of coordination and coexistence of environmental public interests and other legitimate interests under the guidance of legislation.
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    The Normative Approach of Environmental Responsibility List
    WANG Qingjun
    Journal of Jishou University(Social Sciences Edition)    2023, 44 (3): 75-86.   DOI: 10.13438/j.cnki.jdxb.2023.03.007
    Abstract431)      PDF(pc) (838KB)(163)       Save
    Based on the objective requirements of overall eco-environmental protection and the long-term needs of the construction of ecological civilization,China should establish and improve the environmental responsibility list system.There are some problems in the environmental responsibility list system,such as the lack of legitimacy of the issuing subject,the risk of disorder and the lack of content structure,and so on.Determining the nature and function of the environmental responsibility list is of decisive significance to solve the above problems.Environmental responsibility list is a kind of special autonomy norm of public power,which has the function of restraint and integration.The legitimacy of the issuing subject of the environmental responsibility list should be effectively strengthened by the way of filing and examination afterwards.It is necessary to limit the scope of the environmental responsibility list,and the approach to re-regulate the "local actual needs" is to transform it into local laws and regulations in time.The improvement of the content and structure of the environmental responsibility list includes the integration and linkage of responsibility,liability and exemption.The standardized development of the environmental responsibility list system is helpful to encrypt the net of "protecting the ecological environment with the strictest system and the strictest rule of law".
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