Positive Externality And New Development Of China’s Environmental Law

Although externality is an important theory in economics, it is closely linked with environmental law. On the one hand, environmental issues are the junction connecting externality and environmental law, on the other hand, environmental and social relation is another connection between externality and environmental law, that provides premise and foundation for the externality theory into the field of environmental law.In the case of our emphasis in application of negative externality theory as well as it is need to solve ecological compensation and ecological restoration problems,it is a wise choice to apply the positive externality theory.This paper regards environmental problems as logical starting point, references the positive externality theory of economics and attempts to analyze the full impact and significance of positive externality theory for environmental law’s development.From the root causes of environmental problems, this paper discusses positive externality theory in the field of economics and law, analyses the comprehension and application of negative externality theory,as well as its negative impact, and lays foundation for the application of positive externality theory. After analyzing positive external phenomena, defining positive externality and discussing its theoretical support in the fiele of environmental law, this paper discusses the necessity and possibility to use positive externality theory to guide the development of environmental law, providing legitimacy to ues positive externality theory.On this basis, this paper analyses the development of environmental law at the macro level, meso level and micro level. At the macro level, thie paper discusses the change of environmental law’s legal idea and legal value in order to maintain and compensate environmental interest. At the meso level, thie paper analyses the perfection of environmental law’s legal system through the legislation of ecological conservation and restoration,disscusses the improvement of environmental law’s legal principles. At the micro level, thie paper discusses the innovation of environmental law’s legal syatem in order to courage positive externality from producers and customers.