Legal Thinking and Optimization Path of China's Environmental Soft Law Governance
The modernization of environmental governance has put forward new expansion requirements for improving the environmental regulatory system.In this context,a large number of soft law norms have emerged in the implementation of China's environmental law.The existence of environmental soft law has its specific demands of the times,including the transformation from traditional to public environmental governance models,the expansion of single to multiple environmental governance entities,the extension of environmental hard law to external governance tools,and the increasing reliance of international environmental soft law on Chinese wisdom.Based on the different enacting entities,environmental soft laws can be divided into the national regulatory type,the industry regulatory type,and the social regulatory type.Practice has shown that the different aspects of China's environmental soft law have established its unique functional value in guiding legislation,flexible implementation,and inclusive participation in the environmental regulatory system.However,the"non hard"nature of environmental hard laws has led to the erosion of hard laws by soft laws,resulting in greater arbitrariness in application,insufficient implementation effectiveness,and inconsistent implementation of soft and hard laws,leading to difficulties in implementing environmental soft laws.Therefore,we should follow the demands of modern rule of law and optimize it from four aspects:constraint efficiency,formation mechanism,implementation mechanism,and coordinated governance of soft and hard laws,in order to truly achieve good law and good governance of environmental soft law.
Xi Jinping Thought on Eco-civilizationenvironmental soft lawenvironmental governancecoordination of soft and hard laws
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