The Study With Values Orientation Of The Environmental Legislation In China

Any legislative activities pursuits a certain of the value, Dominated by the value of options, Contains the corresponding values. The values of environmental legislation is the first consideration when environmental law was created.To study the values of legislation, First of all,The start from the values of the environmental law. The values of environmental legislation is born of the values of environmental law. Therefore The situation of the system for the values of environmental law impact on directly the ability for environmental legislation in the orientation of the values to select and the quality.The construction of the system for the values of environmental law needs advanced environmental ethics.From the comparing and the analysis for kinds of the environmental ethics, we get this conclusion:Anthropocentrism and No-anthropocentrism both can't overcome the shortcomings of themselves. These lacks result in the difficulties of practice. But, Concept of sustainable Development is a kind of new developmental idea,Breaking through the bound of the traditional ethical values, Focus on solving practical problems, It is very easy to put into practice. Not only we make the concept of sustainable Development to become the ethical basis of the values of environmental law, But also the guiding ideology.The study of the values can't neglect the study value conflict. The conflict of the values is important part of the study. The level of understanding for the conflict, The quality of solution, Reflects the stability, harmony and unity of the system of the values which we constructed. The exploration for the solution of the value conflicts also provide the examples for the solution of the conflicts value orientation.The orientation of environmental legislation can't break away the traditional environmental ethics and create baselessly also can't use directly but not to understand assimilate. To establish our value orientations must base on china's national condition, And make the solving of the urgent thing to be the first task. So, this paper divide the orientation into the highest orientation and basic orientation. Making the highest values to be the macro guidance of environmental legislation, Making the basic values to solve the questions for kinds of environmental areas, At last, it can achieve the harmony between man and nature, and have different ways for different things basing on different objects and different legislative intent.