人与自然和谐共生的中国式现代化之法治体系与方略

在新时代新征程建设法治中国和美丽中国的宏阔背景下,把人与自然和谐共生的中国式现代化工作全面纳入法治轨道,对于走好中国式现代化道路、全面建成社会主义现代化强国具有基础性保障功能和战略性支撑作用。在法治轨道上建设人与自然和谐共生的中国式现代化,彰显了形式法治与实质法治相结合的生态良法善治,蕴含了人与自然共生共荣的和谐发展价值追求,创造了集中体现中国特色社会主义生态文明和法治文明珠联璧合效应的人类生态法治文明新形态。用法治来引领、规范和保障人与自然和谐共生的中国式现代化,其总目标和总抓手是在中国特色社会主义法治体系框架下构建充分体现人与自然和谐共生的完备法治规范体系、高效法治实施体系、严密法治监督体系和有力法治保障体系。人与自然和谐共生的中国式现代化之法治体系构建是一个艰巨的系统工程,目前虽已取得显著成就,但仍存在不少困难和问题。诸如生态环境立法的体系性、完备性不足,且与宪法和其他部门法以及党内生态文明法规之间的协调性不够;生态环境执法体系尚未达到良性高效的建设目标,生态环境司法体系尚未真正形成理性系统的“绿色司法”制度体系;生态环境保护督察的中央督察与省级督察两级工作衔接机制不畅、国家监督...

The rule of law system and strategies for harmonious coexistence with nature in Chinese-style modernization

In the context of building the rule of law in China and a beautiful China in the new era, bringing the Chinese-style modernization of harmonious coexistence between man and nature into the track of the rule of law has the basic guarantee function and strategic support function for taking the path of Chinese-style modernization and building a socialist modern power in an all-round way. The construction of Chinese-style modernization of harmonious coexistence between man and nature on the rule of law track demonstrates the ecologically good laws and good governance combining formal rule of law and substantive rule of law. It also embodies the pursuit of harmonious development values of coexistence and co-prosperity between man and nature and creates a new form of human ecological rule of law civilization that embodies the complementary effects of socialist ecological civilization and rule of law civilization with Chinese characteristics. The Chinese-style modernization is guided, standardized and guaranteed by the rule of law for the harmonious coexistence between man and nature, and its main objectives are to build a complete norm system, an efficient implementation system, a strict supervision system and a strong guarantee system of the rule of law. The construction of this rule of law system is a complex project. While significant progress has been made, there are still many challenges and issues to address. For example, the system and completeness of ecological environment legislation is not enough, and its coordination with the constitution, other departmental laws and inner-Party ecological civilization regulations is not enough; The eco-environmental law enforcement system has not yet reached the goal of benign and efficient construction, and the eco-environmental justice system has not really formed a rational and systematic "green justice" system. Problems are also reflected in the poor working mechanism of ecological environmental protection supervision between central and provincial level and the lack of joint efforts between national supervision and social supervision. In the field of ecological legal guarantee system construction, the political and organizational guarantee, the team and talent guarantee, and the material condition guarantee need to be improved and optimized. In order to continue making progress, it is necessary to adopt a problem-oriented approach, maintain and strengthen Party leadership, establish a mechanism for top-down and bottom-up interaction, utilize a systemic and coordinated methodology of rule of law, and focus on key areas such as filling gaps in ecological and environmental legislation, improving the enforcement of ecological and environmental laws, advancing specialized environmental and resource judicial proceedings, and increasing publicity and education of the ecological and environmental rule of law. It is also necessary to build a Chinese indigenous legal knowledge system that promotes harmonious coexistence between man and nature and to consistently adhere to higher standards and stricter requirements in advancing the Chinese-style modernization of harmonious coexistence between man and nature on the track of the rule of law.