Exploring the Road to the Law-Based Green …
679
optimization, and transformation of development models against the background
of promoting ecological progress. It must be based on joint efforts to protect and
avoid large-scale development. The Economic Belt should pursue green development
by promoting well-coordinated environmental conservation and avoiding excessive
development.
2 Dilemmas Facing Law-Based Green Development
in the Yangtze River Economic Belt
The Yangtze River is known for its regional prosperity, but much of that is at
the expense of the environment. To pursue green development, we must focus on
fostering the harmonious relationship between man and nature. Due to the lack of
uniform governance standards for the cities, villages, mountains, tributaries, forests,
farmlands and lakes along the Yangtze River, fragmented, chaotic administration
and absence of supervision across jurisdictions, the ecological environment of the
Yangtze River Basin has been deteriorating. By proposing the coordinated regional
development strategy of the Yangtze River Economic Zone against the background of
promoting ecological progress, the government shows its strong resolve to change the
situation with green development. But there lacks strong legal support for promoting
green development, mainly due to problems in the legislation and enforcement of
rule of law, specifically as listed below.
1. The dilemma facing the system of law
We need a sound system of law to support the green development of the Yangtze River
Economic Belt. For the integrity of the Yangtze River Economic Belt, the system
must consists of connected laws and regulations governing ecological protection,
natural resources development, and energy recycling, to better promote and protect
green development. But in reality, the system of law is poor and has become the main
bottleneck restricting the green development of the Yangtze River Economic Belt.
The green development of the Yangtze River Economic Belt involves 11 provinciallevel administrative regions in the basin and many different departments such as
ecology and environment, natural resources, water conservancy, planning, transport
and agriculture, etc. Under the current model of decentralized legislation, the basin
lacks a comprehensive, uniform system of law; laws, regulations and rules are poorly
aligned with legal departments for resources development and utilization, pollution
control, ecological protection and so on, and sometimes there are even conflicts
between laws and regulations. For example, the laws governing water resources in the
Yangtze River Basin include the Environmental Protection Law, the Water Pollution
Prevention and Control Law, the Water Law, the Soil and Water Conservation Law,
the Flood Control Law, and the Urban and Rural Planning Law, in addition to a large
number of wide-ranging regulations and rules. Judged by their names, it seems that
each has its own functions, but together they are not systematic, with some terms too
679
optimization, and transformation of development models against the background
of promoting ecological progress. It must be based on joint efforts to protect and
avoid large-scale development. The Economic Belt should pursue green development
by promoting well-coordinated environmental conservation and avoiding excessive
development.
2 Dilemmas Facing Law-Based Green Development
in the Yangtze River Economic Belt
The Yangtze River is known for its regional prosperity, but much of that is at
the expense of the environment. To pursue green development, we must focus on
fostering the harmonious relationship between man and nature. Due to the lack of
uniform governance standards for the cities, villages, mountains, tributaries, forests,
farmlands and lakes along the Yangtze River, fragmented, chaotic administration
and absence of supervision across jurisdictions, the ecological environment of the
Yangtze River Basin has been deteriorating. By proposing the coordinated regional
development strategy of the Yangtze River Economic Zone against the background of
promoting ecological progress, the government shows its strong resolve to change the
situation with green development. But there lacks strong legal support for promoting
green development, mainly due to problems in the legislation and enforcement of
rule of law, specifically as listed below.
1. The dilemma facing the system of law
We need a sound system of law to support the green development of the Yangtze River
Economic Belt. For the integrity of the Yangtze River Economic Belt, the system
must consists of connected laws and regulations governing ecological protection,
natural resources development, and energy recycling, to better promote and protect
green development. But in reality, the system of law is poor and has become the main
bottleneck restricting the green development of the Yangtze River Economic Belt.
The green development of the Yangtze River Economic Belt involves 11 provinciallevel administrative regions in the basin and many different departments such as
ecology and environment, natural resources, water conservancy, planning, transport
and agriculture, etc. Under the current model of decentralized legislation, the basin
lacks a comprehensive, uniform system of law; laws, regulations and rules are poorly
aligned with legal departments for resources development and utilization, pollution
control, ecological protection and so on, and sometimes there are even conflicts
between laws and regulations. For example, the laws governing water resources in the
Yangtze River Basin include the Environmental Protection Law, the Water Pollution
Prevention and Control Law, the Water Law, the Soil and Water Conservation Law,
the Flood Control Law, and the Urban and Rural Planning Law, in addition to a large
number of wide-ranging regulations and rules. Judged by their names, it seems that
each has its own functions, but together they are not systematic, with some terms too