绿色发展,应定位为一种环境优先的经济、社会与资源环境相协调的发展,这一理念将引导我国发展模式从消耗式向节约式、从污染式向清洁式、从高碳式向低碳循环式发展的转变,也将会使发展的落脚点从追求经济的单一发展转向以“绿色”为重点的全面发展。绿色发展理念的形成和落实,既离不开政策的推动和引领,更需要有法治的保障。以法治的视角检视当前绿色发展的政策推动现象,不难发现:政策先行而立法滞后;政策发力而执法“疲软”;政策跟进而司法缺位。实现绿色发展的法治化,需要针对当前政策推动与法治跟进迟滞的现状,实现从政策引导向政策与法律的双重引领、从“软法”之治向“软法”与“硬法”的综合之治、从政策制定与发力向法律创设与实施、从党政主导向“官民共治”的转变。 Green development should be positioned as an environment-friendly economic, social and resource environment coordinated development, this concept will guide our development model from consumption to conservation, from pollution-based to clean, from high-carbon to low The transformation of the development of the carbon cycle will also shift the foothold of development from the pursuit of a single economic development to an all-round development focusing on the “green”. The formation and implementation of the concept of green development can not be achieved without the promotion and guidance of policies and the protection of the rule of law. Viewing from the perspective of the rule of law the phenomenon of promoting the current green development policy, it is not difficult to find that: the policy is advanced and the legislation is lagging behind; the policy is force and the law enforcement is “weak”; the policy is followed up and the judicial absence is absent. In order to realize the rule of law in green development, we need to address the current situation that the current policy is to promote the follow-up with the rule of law and lag behind so that we can lead from policy guidance to policy and law, from “soft law” to “soft law” and “ The ”hard law“ of the comprehensive governance, from the policy formulation and development of force to the creation and implementation of the law, from the leading party to the ”common governance of officials and civilians," the change.