RESOURCES AND ENVIRONMENT IN THE YANGTZE BASIN >> 2021, Vol. 30 >> Issue (12): 3017-3028.doi: 10.11870/cjlyzyyhj202112020

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Value Expression and Function Construction of River Basin Protection Legislation in China:Take the Yangtze River Protection Law as the Analysis Object

XIAO Rong   

  1. (Research Institiute of Environmental Law,Wuhan University,Wuhan 430072,China)
  • Online:2021-12-20 Published:2022-01-07

Abstract: Watershed protection legislation is the theoretical basis and practical path to realize the spatial rule of law in China's watershed. The Yangtze River Protection Law is the first attempt of comprehensive legislation for large-scale watershed protection in China. Taking the Yangtze River Protection Law as the object of analysis, using the order thinking and standard analysis methods related to laws and norms,through the design of legislative objectives, adjustment objects, legal principles and other legal norms, national strategic and political dimensions of the abstract value can be converted to the value of the law expression and function orientation. The three functional chapters of “resource protection”,“Water pollution prevention and control”,“ecological environment restoration”and the chapter of “green development” constitute the “3+1” structure mode. The integration of legislative value and green development idea makes it possible to establish network link between various functions. The Yangtze River Protection Law is based on the natural, ecological, economic, legal, strategic needs of the river basin and the general application of legal theories. Highlight focus in fundamental problems, legal value and function orientation in the whole law of polymerized and layout, it can provide the reference to large watershed protection legislation in China. The implementation of the Yangtze River Protection Law is the premise to realize the legislative value and function orientation, it is also to realize the unity of its supposed effectiveness and its actual effectiveness, it's a systematic, persistent process, need an administrative organ for law enforcement and judicial organs on the application of the law and the civil implementation of compliance with the law.

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