环境保护领域地方市级首次立法进展研究

Progress on the First Environment Legislation of Districted Cities in China

中文关键词:  地方环境立法  设区的市  首次立法

英文关键词:local environment legislation  districted cities  the first legislation

中文摘要:

      为调研设区的市立法权放开后各地立法进展，通过全国各省市政府网站（除港澳台外）等公开渠道收集整理的各设区的市“首次立法”（第一部实体法，简称“首法”）立法情况，发现截至2017年7月，全国89%新获立法权设区的市已完成“首法”立项，超一半新获立法权设区的市已顺利出台“首法”。从“首法”立项类型来看，约40%设区的市“首法”关注环境保护，仅次于城乡建设与管理类立法，表明环境保护是各地“首法”立法关注的重点领域之一。从地方环境“首法”立项类型来看，水环境保护领域条例立项数最多，其次是生态保护领域和大气污染防治领域；从地方环境“首法”立项分布来看，水环境保护类条例多分布于位于水系末端的沿海各省，大气污染防治条例则主要集中于京津冀及其周边空气质量较差的区域。当前国家高度重视生态文明建设，各地有必要抓住地方立法这一机遇，研究出台地方环境条例，助力地方环境管理水平的提升。

英文摘要:

      In this paper, to get a better knowledge of local legislative progress, first legislations in districted cities of Mainland China were collected from their government websites and then investigated through classification. Research showed that 267 districted cities had been granted legislative power and 228 pieces first regulation were proposed till July 2017. 89% of the districted cities have started their first legislative work and 56% of the districted cities had enacted their first legislation in Mainland China. From the category of first legislation, we knew that about 40% of the first legislations focused on environmental legislation, which was just behind urban/rural construction and management legislation. This suggested that first legislation thrived in districted cities mainly focus on subjects like environmental legislation. From the category of first environmental legislation, we concluded that first legislations on water environmental protection were mostly favored, followed by ecological protection and air pollution prevention. From the distribution of first environmental legislation, we found that water environmental protection legislations were mainly proposed in coastal provinces, while air pollution prevention legislations were mainly favored by cities that has serious air pollution problem. Currently, as construction of ecological civilization is highly valued by Chinese government, regulations like action plans for air/water/soil make greater demand on local environmental quality and local environmental management. So it's a great opportunity for local governments to make good use of local environmental legislative power. By working out and introducing their own environmental legislative, it will help local governors elevate their environmental management level and help improve their environmental quality.