The governance logic of environmental inner-party laws and regulations for the harmonious coexistence of man and nature
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    Abstract:

    To build a Chinese-style modernization oriented to harmonious coexistence between man and nature,Chinese-style rule of law is an inevitable requirement,among which environmental rule of law is indispensable. The Chinese environmental rule of law must attach importance to the special rule of law and governance functions of the party’s regulations. From the three aspects of making full use of the special role of intra-party regulations in environmental rule of law,coordinating the normative function of comprehensive environmental governance,and promoting the institutional civilization of building a community with a shared future for human environment,we can reveal the political and legal principles of environmental system view,environmental efficiency view and environmental civilization view upheld by intra-party environmental regulations. Environmental inner-party regulations can be divided into broad sense and narrow sense,and environmental inner-party regulations carry the normative pattern of the above governance logic,including not only the narrow intra-Party regulations that comply with the strict formal requirements of the Regulations on the Formulation of Intra-Party Regulations,but also the environmental policies that lead the development of environmental rule of law and the intra-party environmental normative documents that play the role of supervision and guarantee. In terms of the political function and normative effectiveness of environmental inner-party regulations,the environmental policy with resolutions,decisions,opinions,notices as the main carrier is regarded as the broad environmental inner-party regulations,which is in line with the core of the construction of environmental inner-party regulations system under the new situation. From the current composition of the internal party regulation system,the internal party environmental regulatory documents that play the role of supervision and security have become the main force,but their quantity and complexity and the practical dilemma of single-line combat make them need to be improved to form a governance force. Therefore,we should further explore the organic transformation of the party’s environmental policy and environmental normative documents into the narrow internal party regulations,so that the narrow environmental internal party regulations become the main part of the environmental internal party regulations system. The environmental laws and regulations within the Party under the broad perspective play the institutional functions of regulating,governing and reshaping in the modernization of harmonious coexistence between man and nature. By transforming the Party’s unwritten environmental civilization into a binding institutional form,the environmental inner-party regulations standardize the environmental inner-party civilization,so that it can obtain long-term effectiveness and execution.By providing institutional empowerment for the construction of ecological civilization,environmental inner-party regulations give full play to their political,preventive and developmental effectiveness of environmental governance. Environmental inner-party regulations take the political structure with the leadership of the Party as the essential feature as the foundation of environmental civilization,the people-centered people-oriented concept as the soul of environmental civilization,and the external system guaranteed by the co-governance of the Party rules and the state law as the shape of environmental civilization,so that it has the reshaping function of creating a new form of human environmental civilization in essence. It should be noted that the complete environmental inner-party regulations system is particularly important for the systematic play of the above functions,therefore,the environmental inner-party regulations for the harmonious coexistence of man and nature need to be further systematized and improved.

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张震,刘栋阳.面向人与自然和谐共生的环境党内法规的治理逻辑[J].重庆大学学报社会科学版,2024,30(3):216~227

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  • Online: July 07,2024
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