The Study Of Environmental Legal System Evolvement During The Ancient China

Currently, the study of environmental law still not to accept the fact that the ancient times of China always has the environmental protection legal system. As for the evolvement history about the ancient environmental protection legal system of China, it still be blank.This paper proves that the ancient China always exist the environmental protection legal system, by research of the ancient history works and the cist cultural heritage in detail. At the same time, this paper study the basic regulation for the environmental protection legal to evolve during the Western Zhou, the Spring and Autumn Period, the Warring States Period, the Western Han and Eastern Han Dynasties, Tang Dynasty, and from the North Sung to Manchu Dynasty.Generally, the evolvement of environmental protection legal system of ancient China is synchronous with the change of land legislation. Whenever the land legislation occurrence graveness changes, the environmental protection legal system will also take place an important change. Therefore, just like the land legislation of ancient China, the environmental protection legal system is to evolve by three stages.The first stage is from the Three Dynasty to the Spring and Autumn period, which be an original land state-owned period. The Three Dynasty is the embryonic period of the environmental protection in ancient China. The Western Zhou is the peak of the original land state-owned periods. At the same time, its environmental protection legal system is maturity. During the Spring and Autumn period, the square-fields system of Western Zhou be broken, and the environmental protection legal system also to be disintegration.The second stage is from the Warring States Period to Tan Dynasty, which is a period of the feudalism land state-owned. Among them, the Shang Yang legislation in the Qin Dynasty rebuilds environmental protection legal system basic on the feudalism land state-owned, and it be inherited title down by The Western Han. However, with the population to increase and the land to be annexed, the environmental protection legal system of Western Han to encounter breakage during its evening. The Eastern Han rebuilt environmental protection legal system again in its early years, but the legal system was disintegrated quickly by the impact of land annex.From the Warring States Period to Tang Dynasty, the environmental protection legal system of our country was being a history progress which slow-moving to descend spirally.The Tang Dynasty is the peak of the feudalism land state-owned periods in ancient China, therefore its environmental protection legal system also very completely. However, in its evening, because of the population excessively increase and the land annex, the landlord privately owned beginning to predominate gradually in the national economy.And then, the feudalism land privately owned get a predominate position in country's economy and politics. So, the environmental protection legal system of ancient China is going to a new evolvement station.The third stage is from North Sung to Manchu dynasty, which is a period of feudalism land the privately owned. In this period, ancient China's environmental protection legal system gets into to the history progress which spiral descend quickly.In its initial stage, the Manchu dynasty adopts the forever-rent right of land and the tax for land in order to limit the landlord exploit farmer. The dirt farmer and the distribution way which according to work has get to dominate the social economy. On this base, the environmental protection legal system is rebuilt again.However, because of the population to increase excessively, the land to be annexed badly and the economy policy which to limit the development of manufacturing and business, the environmental protection legal system has being disintegration in the evening of Manchu dynasty.By study this three stages, can get a basic regulation: It is the base of environmental protection legal system for ancient China that the land state-owned or distribution according to work. At the same time, there are three factors that erode this base, which include the population increases excessively, the land annex badly and the limit for the development of manufacturing and business.In addition, this paper contrast and confirms the relationship between the evolvement of environmental protection legal system of ancient China and the status of entironment of China western region.Finally, according to the three history facts and the basic regulation, there are four revelations for the building of environmental protection legal system of today: to resume the distribution according to work, to control the population growth, to develop science and technology self-determination, and to perfect the environmental legal system of China.