浅谈主体功能区制度之环境法解读
发布时间：2018-07-21 11:46
【摘要】： 主体功能区制度是一项关于我国区域发展总体战略的极为重要的制度,将给中国经济社会的发展带来长期、全面的影响,其中,也必然给国家法律、尤其是环境资源法律带来深远的影响。本文试从主体功能区之出台背景、理性依据、制度支撑、深远内涵等四方面入手,深入分析了建国以来国家区域战略与政策的发展历程,从地理学、生态学、规划学等多方面分析主体功能区的理性依据,提出主体功能区划是全面落实科学发展观、构建社会主义和谐社会的重大举措,具有深远的内涵和重要的现实意义。在此基础上,对《水法》等3类7部我国具体环境资源法的有关法律条文进行解读,认为我国现行环境资源法主体功能区制度已存在一定基础的衔接,并且施行时间越近的法律该特征越发明显。最后,笔者通过对淮河治理、攀枝花环境违法等案例的剖析,阐述了主体功能区制度对我国环境资源法理念之更新,通过对区域环境立法、已有区域划分之衔接、地方政府的环境保护责任的剖析,阐述了主体功能区制度对促进我国环境资源法立法和发展的意义。
[Abstract]:The system of main function zones is an extremely important system concerning the overall strategy of regional development in China, which will bring long-term and comprehensive influence to the development of China's economy and society. In particular, the law of environmental resources has a profound impact. This paper tries to analyze the development course of national regional strategy and policy since the founding of the people's Republic of China from four aspects: the background of the introduction of the main function area, the rational basis, the system support and the profound connotation, from geography, ecology, etc. This paper analyzes the rational basis of the main function area in many aspects, such as planning, and puts forward that the main function regionalization is an important measure to carry out the scientific development view and construct the socialist harmonious society in an all-round way, which has profound connotation and important practical significance. On this basis, the author interprets the relevant legal provisions of three kinds and seven specific environmental resources laws of our country, and thinks that the existing system of main function area of environmental and resource law in our country already has some basic connection. And the closer the law is, the more obvious it is. Finally, by analyzing the case of Huaihe River control and Panzhihua environmental violation, the author expounds the renewal of the concept of environmental and resource law by the system of the main function area, and through the regional environmental legislation, there is a link between the regional division and the division. This paper analyzes the responsibility of environmental protection of local government, and expounds the significance of the system of main function area in promoting the legislation and development of environmental resources law in China.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2135421
[Abstract]:The system of main function zones is an extremely important system concerning the overall strategy of regional development in China, which will bring long-term and comprehensive influence to the development of China's economy and society. In particular, the law of environmental resources has a profound impact. This paper tries to analyze the development course of national regional strategy and policy since the founding of the people's Republic of China from four aspects: the background of the introduction of the main function area, the rational basis, the system support and the profound connotation, from geography, ecology, etc. This paper analyzes the rational basis of the main function area in many aspects, such as planning, and puts forward that the main function regionalization is an important measure to carry out the scientific development view and construct the socialist harmonious society in an all-round way, which has profound connotation and important practical significance. On this basis, the author interprets the relevant legal provisions of three kinds and seven specific environmental resources laws of our country, and thinks that the existing system of main function area of environmental and resource law in our country already has some basic connection. And the closer the law is, the more obvious it is. Finally, by analyzing the case of Huaihe River control and Panzhihua environmental violation, the author expounds the renewal of the concept of environmental and resource law by the system of the main function area, and through the regional environmental legislation, there is a link between the regional division and the division. This paper analyzes the responsibility of environmental protection of local government, and expounds the significance of the system of main function area in promoting the legislation and development of environmental resources law in China.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 白燕清;主体功能区管理环境法问题研究[D];山西大学;2011年
，本文编号：2135421
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