Abstract:Looking back on the local environmental legislation since the reform and opening up forty years ago, we can find it has gone through four stages of slow start, rapid increase in number, low-quality bottleneck period and comprehensive startup in the new era. In this process, local environmental legislation has made great achievements. However, from a typological point of view, it has the problems of repetition, delay and failure of executive legislation, insufficient space, cognitive bias, and lack of characteristics of gap-filling legislation, inadequate technology, adverse selection and insufficient public participation in experimental legislation. After 40 years of reform and opening-up, Shenzhen has made giant strides in environmental legislation. By analyzing its environmental legislation, we conclude that its executive legislation is effective, its gap-filling legislation has distinctive features, its experimental legislation is strongly innovation-driven, and its public is highly engaged in legislation process. Drawing on the experience of Shenzhen and taking into account the development orientation of Xiong’an New District and its historical and realistic conditions, we can design a local environmental legislation in the form of “codification” with the design of the executive environmental rules as the content and corresponding innovative gap-filling legislation as the highlight so as to establish a complete and efficient local legislative system for environmental protection in Xiong’an New Area.
田亦尧. 改革开放以来的地方环境立法:类型界分、深圳经验与雄安展望[J]. 《深圳大学学报》(人文社科版), 2018, 35(6): 64-73.
TIAN Yi-yao. Local Environmental Legislation since China’s Reform and Opening Up: Type Classification, Shenzhen Experience and Outlook for Xiong’an. , 2018, 35(6): 64-73.