Development of Rule of Law in Ecological and Environmental Governance in the Spatial Dimension: Practice, Logic and Innovation(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2022年03期
- Page:
- 87-97
- Research Field:
- Publishing date:
Info
- Title:
- Development of Rule of Law in Ecological and Environmental Governance in the Spatial Dimension: Practice, Logic and Innovation
- Author(s):
- DU Hui
- Keywords:
- spatial view; spatial governance; spatial rights; rule of law in ecological and environmental governance
- PACS:
- -
- DOI:
- -
- Abstract:
- In constructing the legal order of ecological civilization, the spatial perspective provides a new dimension for observing, analyzing, and innovating the rule of law in the protection of ecology and environment. A review of the practice of rule of law in the protection of ecology and environment since China’s implementation of reform and opening up reveals that there are three types of spatial view in the trajectory of the development of rule of law: the abstract spatial view of undifferentiated holism; the spatial view of the division of places dominated by administrative regions; and the spatial view of converged differentiated systems. As the goal of the development of rule of law in the protection of ecology and environment is transformed into spatial governance, it is necessary to accurately identify the requirements for change imposed by the functional associations, spatial relationships, and goals of spatial governance upon the normative system of environmental law, its institutional functions and institutional resilience. In order to follow the spatial trajectory of the change of rule of law and the proposition of rule of law contained in the spatial governance, on the one hand, it is necessary to promote the continuous shift from the ecological environment rights system to the spatial rights system. On the other hand, it is necessary to complete the deep construction of spatial governance rights from the dimensions of organizational law, behavioral law, procedural law, and liability law. These forms two fulcrum points to promote the further development of rule of law in the protection of ecology and environment.
Last Update: 1900-01-01