Research On Texts Of China's Local Environmental Legislation

In this paper, the author makes a comparative study of texts of Environmental Protection Act on China's 27 provinces, autonomous regions and municipalities directly. These local regulations have three parts which are general provisions, special provisions and supplementary provisions. All of them emphasize the protection of ecological environment and sustainable economic and social development. As far as the specific contents of laws and regulations are concerned, all of them stipulate the environmental right in varying degrees and scopes and less than half of the local laws and regulations have but-for clause. All provinces have been explicitly stipulated the main body, the form and regulatory measures of Environmental supervision. The section of legal liability clause accounts for more than 14% in the ratio of the total number, of which the terms of the administrative responsibility accounts for 4 / 5. There are six fine settings while most forms are numerical range. Civil liability mainly includes removal of obstacles and compensation for the harm and loss. Terms of criminal responsibility mainly have 2 or 3 clauses and its subject can be summed up 4 categories. About six behaviors should bear the criminal responsibilities. Their constitutions of a crime are clearly of administrative subordination. 16 provinces regulate the provisions of the interpretation organs. At present, the provincial environmental legislation in general starts converging in respect of content and form. The terms of local characteristics and government accountability mechanism must be perfected. The market trend is still to be strengthened.