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The Function Studies On Environmental Protection Of National Economic And Social Development Plan

Posted on:2010-07-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:N BuFull Text:PDF
GTID:1101360275980148Subject:Environment and Resources Protection Law
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The nature of environmental problem is that irrational human activities and their impact on the environment caused by the load is too large, more than the limit bearing capacity of the environment and the consequences. One-way from the original pollution emissions on the environment to the end of treatment, then the source of the prevention, control the entire process, means and methods of environmental protection shows the characteristics of different stages of time. However, the limitations of main environmental governance are not in conformity with the requirements of sustainable development. The wheel of history pushes Circulatory Society onto the stage.Circulatory Society is the choice to defeat the environmental crisis by humanity inevitably and also will be inevitable trend of our social development in the future. It requires to regard the environment from the ecology highly, to consider the environmental supporting capacity as the consideration premise, to instruct the activities of human society using the ecology rule, to pursue the harmony between human and nature reunification. Using the way of National Economic and Social Development Plan to realize the environmental protection is required by the environmental characteristics of Circulatory Society that means to plan the production, consumption, waste treatment and other activities unified by the state. Therefore, China needs to establish the National Economic and Social Development Plan which in line with the needs and requirements of Circulatory Society and environmental protection to promote the construction of Circulatory Society.As the most important plan on the national macro-lever planning, National Economic and Social Development Plan is the optimized arrangement which the nation will develop in the future and the system safeguard to realize Circulatory Society. It has the special meaning to the environmental protection. It is the most front-end precautionary of environmental governance and the integrated decision-making mechanism of environment and development macroscopically to avoid or reduce environmental pollution and damage. A good plan can bring the gospel to the environment and the bad one would cause environmental destruction. To a certain extent the plan may decide the question of whether to produce, produce anything and the number of production, which can cause whether, what and how much environmental pollution. It can be evaluated not only whether advantageous to the environmental protection appraisal, but also whether to protect environment such appraisal for the plan. Therefore it can be treated as the national plan about environmental protection in itself. The state shall pay more attention on the environmental protection function of the plan and deal with the relationship between the plan and environmental protection properly.Within analyzing the previous plans and the related environmental legal practice, it can be found that the changing process of environmental protection in the National Economic and Social Development Plan has grown out of nothing, from touch upon to detailed stipulation which means environmental protection be treated gradually seriously. But in the plans which was made before the eleventh plan, environmental protection always not to be regarded as seriously and yielded in the economic and social development. The eleventh plan which was made under the guidance of the scientific development concept instruction insisted on the concept of pursuing the harmony between human and nature reunification and at least appeared partially the content of development obeyed by the environment. It has significant progress because of the historic attention and treatment for the environmental protection. With the deepen awareness of our national environmental issues, it is more vital to make out the plan which taking full account of environmental capacity and arrange the national economic and social activities reasonably. It is necessary requirements and inherent needs to implement the harmony between human and nature reunification and the scientific development concept. To implement the scientific development concept and sustainable development, it shall be handle the relationship between human and nature correctly, handle the contradiction between development and environment correctly, take full account of environmental capacity and arrange the national economic and social activities reasonably to achieve the coordinated development of economic, social and environmental resources. Rational planning and design is essential to strengthen environmental protection, to consummate of Environmental Protection Law and to advance the construction of Environmental Planning Law particularly.As the part of plan's implementation effect, the effect of environmental legal practice depends on the actual execution effectiveness of the plan. Law is the most standard norm which has the compulsion binding force to ensure the standard function of the plan can display. In order to safeguard the seriousness of careful planning to ensure the formulation and implementation, it is necessary to formulate the legal effect by law, which means to make out a specific law about the legal effect, legal duties, procedures, and implementation, etc. Strengthening the public participation mechanism of the plan is an effective way to provide the legal effect from the perspective of implementation mechanism. The basic power of environmental protection and sustainable development consists in all participation of people. One of the problems urgent to be solved by Chinese government when they formulate the national plan is to establish the public participation mechanism, strengthen the public participation enthusiasm and raise the public environmental awareness.
Keywords/Search Tags:National Economic and Social Development Plan, Environmental Protection, Environmental Planning Law
PDF Full Text Request
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