Research On Perfect Of Legal System Of Environmental Regulation In China

The process of government regulation, refers to the process that the government regulates to the specific industrials or the specific areas, until relaxing even relieving this kind of regulations. Just like that the product life cycle must pass through the spring, summer, fall and winter, the process of government regulation may also regard as the government regulation cycle, including the four stages: legislation, enforcement, revision and adjustment, and relaxing or relieving. The article takes the environment regulation as the study content, discussing the questions and reform ideas of the legal system of environmental regulation in China.The environmental regulation belongs to the social regulation category of the regulation economy. The economical root of the environmental issue lies in the externalities and the public good attribute. Just depending on market's self-adjustment mechanism is unable to dispose the resources fully effectively, not to say achieving the Pareto most superior condition. Therefore, it needs the government to carry on regulation to the environment. From the view of law, the methods of environmental regulation, may be summarized to two kinds: legal means and non-legal means. It is necessity to regulate environment in dependence of legal means. The legal means have the characteristics that other methods don't have, including standards, compulsory, deterrent, as well as relative stability. Therefore, the legal means are playing the unreplaceable role in the environmental regulation, and still holding the dominant position in the regulation policy option. The legal system of our country's environmental law, is mainly constituted by the environmental law standard in constitution and the special environmental law standard which was mainly displayed in environmental law documents. The theory of environmental regulation law is essential to understand the environmental law and environmental regulation. The purpose to establish the organic connectional legal system of environmental regulation, is to realize the integrity regulating to the environmental regulation relations, and to realize the regulating environment through the law.The environmental legal system is the core and basis of the environmental regulation. The construction of our country environmental legal system was started late. In the idea of taking the economy developing as the first important matter, the environmental legal system has the flaw and loophole unavoidably. The article believes that our country complete and reasonable environmental regulation legal system should includes three major parts, named: Environmental administration constitutive law, pollution control law, as well as cyclic society law. And, pollution control law should be based on the environmental protection fundamental law, and to be divided into the three parts: They are the prevention law (environmental impact assessment law), the environmental pollution prevention law, as well as the environmental penalty law (environment penal sanction law). At present our country has not completed the construction of entire environmental regulation legal system. Some law that should be in the foundation and safeguard status, for example, the environmental administration constitutive law, actually is still blank in our country. Although some laws had formulated, actually belong to"representation legislation", exist in name only, and are unable to carry out. These questions no doubt have its deep level reasons including national policy, economy and culture, but the flaws of legal design are still worth pondering and solution.The article has carried on the comparison and use for reference to the environmental regulation legal system in US, Europe and Japan. These national or area's environmental regulation legal systems have experienced the similar development process, and they also had the special characteristics and innovation respectively. The article summarized its general character to five spots. They are: Legislative idea transformation, basic law formulation, the authorities of central government and local government are careful divided, the legal means to prevent and control of pollution are diversified, as well as the influential role of environmental public groups. The special characteristics are: The construction of American environmental regulation legal system pays more attention to the utilization of market methods and the legislative method of cost-income analysis; The main feature performance of European Union environmental regulation legal system is that it has balanced the national legal coordination and combined action, and pays great attention to the relationship of environmental regulation and international trade; The most prominent characteristic of Japanese environmental regulation legal system is it has initially formed the cyclic society legal system. If we want to draw on the overseas advanced legislative experiences and achievements, we must first research the legal localization condition in our country. The article believes that the present law formulation process of environmental regulation cannot fully reflect the arguments and opinions of policy formidable association, so the environmental law is unable to carry out in our native environment. The environmental protection law has the conflict phenomenon frequently. In the choice of compulsive means and economic means, our country prefer to the compulsive means, although its function are limited; The economic means have the superiority that compulsive means have not, and they have big application potential and space in our country. The formulation of environmental policy is not simple choice between the economic means and compulsive means. To satisfy the higher demands in the efficiency, fair and political feasible, it usually needs the combining use of economic means based on market and compulsive means. The optimum condition which can be expected is the complex compound of both means mutually support. Certainly, if it does not have an appropriate social environment and support of the legal system, they will be difficulty to achieve regardless of the economic means or the compulsive means,Focus on the questions which exist in our country's environmental regulation legal system, based on the reference of overseas advanced legislation and refers to our country's actual conditions, the article proposed the design and suggestions of environmental regulation legal system in China. The article proposed the reforming and innovation mentalities separately from the legislative idea, the legislative procedure and legislative method, then aimed at the environmental regulation legal system to conduct the perfect research in three big aspects, they are the environmental administration constitutive law, the pollution control law and the cyclic society law. First, to the environmental administration constitutive law, we should consider from the source that to clearly stipulated the specific enforcement scope of each administrative organ, to prevent the administrative conflicts and consumption which the authority boundary fuzzily brings. To solute the conflict of environmental executive power, we should strengthen the coordination and cooperation among departments, and set up the idea of coordination government. Next, to the environmental protection fundamental law, We should determinate legislative purpose of "Pollution Control Law" by modern environmental ethics value; And we should strengthen the government environmental protect function, establish the government environmental protect liability system, pay great attention to the combine of environmental administrate instruction mechanism and public participate in the environmental protection mechanism, actively carry out the environment principle of democracy. To the environmental impact assessment law, we should carry out the public participation in environmental impact assessment, strengthen the jurisdiction status in the environmental impact assessment, and perfect strategic environment appraisal legal regime. To the pollution prevention law, we should strengthen to the use of economic means. The article has conducted the analytical study of carrying out and perfecting in our country from the systems of environmental taxes and fees collection, pollution discharge permit, deposit, the low interest loans and tax preference, as well as the froth separately. Then, it proposed the practical and feasible plan. To the environmental penalty law, the article has mainly analyzed the localization and suitable of penalty in the environmental regulation. Finally, to the cyclic society law, the article applied economics' analysis method to propose the countermeasure proposal in the legislation design of the government, producer, as well as consumer's right and voluntary.In brief, regardless of what kinds of regulation method we adopt, and regardless of the perfect of legal system, if we want to solve the environmental protection questions in our country completely, the permanent cure plan lies in the adjustment of economical or industrial policy system, as well as the introspection of idea of person and environment.