Practical dilemma and the rule of law approach forecological environment security
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D922.68

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    Abstract:

    The construction of a comprehensive legal system for ecological environment security is an important content and key support for the construction of a human community with a shared future and the establishment of an overall national security concept, in which the overall national security concept, with non-traditional security as the core, emphasizes that national security governance should be equal and synchronous in the construction of basic security in areas such as ecological environment security. The macro ecological security in the context of national governance and the intermediate perspective ecological environment security in the context of the rule of law should be defined as synonymous concepts. The latter is separated from environmental security, resource security and ecological security in the same legal system in connotation, but related in extension, and jointly constructs a general legal interpretation of the concept of ecological environment security in both dynamic and static dimensions. Looking back at the legal practice of ecological environment security in China, there are inconsistencies in legislation, including the accuracy and interpretation of the establishment of legal concepts, the certainty and arrangement of legal principles. In terms of law enforcement, including the establishment of the regulatory system, the construction of the regulatory system, and the operation of the regulatory mechanism, there are certain flaws and loopholes. When faced with the conflict between the localization, nationalization and ecological integrity of ecological environment governance, they are in a governance dilemma. In view of this, building a comprehensive legal system for ecological environmental security has become the approach to address the governance dilemma: transforming ecological security from a macro strategic policy to a medium level legal norm, clarifying the connotation and extension of the concept of ecological environmental security in the legal perspective, establishing the basic legal principles of ecological environmental security in environmental law, and forming an environmental legal norm system that closely combines purpose–principle–rule. And the legal order pursuit of the ecological environment security principle is radiated and infiltrated into the adjacent department law, becoming the cornerstone of construction of the overall ecological environment security rule of law system. Decomposing the legal norms related to ecological environment security into a micro regulatory system, a prevention, control and governance system with ecological environment standards as the core, a monitoring and early warning system with ecological environment data as the carrier, and a communication and collaboration system in the form of a platform should be gradually established. In addition, the preventive civil public interest litigation system with ecological environment risk as the central axis, the administrative litigation system based on ecological environment subjective (public) rights, and a criminal justice system with the ecological environment legal interests as the core should be built which will become barriers to the construction of the overall rule of law. The control of extraterritorial and exogenous ecological environmental risks needs to rely on extensive and goodwill international cooperation and written and strict international rules. This process should also run through the rule of law to contain or inhibit the accumulation of science and technology, and ultimately meet the sustainability of the ecological environment and even economic and social development.

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周娴,陈德敏.生态环境安全的实践困境与法治进路[J].重庆大学学报社会科学版,2023,29(6):258~271

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  • Online: January 17,2024
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