The Sustainable Development And Perfection Of Environment Legislation In China

It needs not only one generation but also several generations'co-effort in various fields to realize the strategic aim of sustainable development. Among those fields, to intensify the environment legislation is one of the vital parts. Based on the core idea and demand in the sustainable development, the author makes several detailed suggestion to perfect the environmental resources legislation by taking some practical problems into consideration.With the rapid development of the global economy, the trend for human beings to demand and exploit natural resources is on the rise so that various producing activities cause more and more polluting materials being poured into the nature, which therefore causes environmental crisis from 1950s to 1970s. Man had begun to pay attention to the environmental problem.In 1987,the strategy of sustainable development was put forward clearly on the second conference about the development and environment held by the twelfth United Nations."The Agenda of 21st Century"and"The Rio Declaration"set the strategic goal of sustainable development which call for every country to set its own sustainable development strategy and to make a promise that they could cooperate internationally for the sustainable development.Sustainable development aimed at meeting the need of people in this generation as well as not destroying the ability to meet the need of people in next generations. In other words, sustainable development means the harmonious development of economy, society, resources and environmental protection which consist of an impartible system. We should not only develop the economy but also well protect the life related natural resources and environment such as the air, water, ocean, land and forest so that our offspring could develop continuously and could live and work in peace and contentment.Sustainable development could be reduced into three principles. First, the principle of equity. This emphasizes the equity among people of the same generation and among different generation. Second, the principle of durative. This principle focuses on the fact that the development of human economy and society shouldn't surpass the capability of resources and environment. Third, the principle of intercommunity. Sustainable development is a universal concept which needs worldwide effort because one or several country couldn't realize the sustainable development by breaking away from the international economy due to the fact that the development of social economy has already gone beyond the national boundary and become an inseparable entity. Sustainable development needs all human beings'common effort.In the process of implementing the sustainable development strategy, there are several problems in China's environmental resources legislation. First, the status quo of the environment resources in China is not on the optimistic side. Second, there are still some problems in China's environmental resources law system. In the first place, sustainable development strategy hasn't become the guiding thought of China's environment-and-resources legislation. In the second place, China's environment-and-resources legislation hasn't yet been adapted to the rapid-developed socialistic economy market construction. In the last place, there isn't sufficient education of the environmental legal system; citizens lack the sense of environment protection; and there isn't enough inner factors to promote the development of environmental law.Based on the above analysis, the author suggests China's environmental resources legislation be consummated from the following ways:1. Manage to develop the environmental resources legislation asymptotically by establishing the sustainable development theory.First, we should definitude the strategic idea of sustainable development in law. We should modify The Constitution and add the sustainable development idea in it so as to protect citizens'rights, protect the environment and promote the harmonious development of the economy and environment. Besides, we should also definitude this idea in Environment Protection Law and regard this law as one of the basic law. Meanwhile, we should differentiate the Environment Protection Law with other monomial environmental resources protection laws from the force adeffect and content.Second, the environmental resources legislation should intensify the principle of equity. Environment law should ensure not only the fairness in the same generation but also the equal distribution of the resources among different generations. Equity among generations is the extending of equity in the same generation and it expands the right agent to the offspring.Third, we should further promote the legislation process of the related environmental resources protection law and deepen the sustainable development idea. After the setting of the basic sustainable development idea in the basic law, every branch law and regulation should also reflect this idea. As to the natural resources protection, there should be a unified Natural Resources Protection Law for the purpose of sustainable management of the natural resources and material resources and for the purpose of meeting the need of next generations.Fourth, local environmental law should bear its own character and carry out the sustainable idea completely.Fifth, as to the implement mechanism, the government should intensify the overall guide and control, nail down the government's responsibility and increase the invest in environmental protection.Sixth, we should help promote the benign development of the environment via establishing the market economy's interest restricting and inspiring mechanism.2. China's environmental legislation focus should be shifted from"economy first"to"prevent first". According to sustainable development, low power-and-material exhausted intensified producing method should be supported because it could prevent environment pollution and destroying. What's more, it demands that all development and activities should take the result into the first consideration.3. Intensify the environmental criminal law duty.The environmental criminal law duty refers to the concept that any agent or individual who violates the law and conducts an action which could seriously threaten the environment should shoulder the legal duty. It is not effective to protect the environment by means of administrative or economic method. Criminal law method should also be applied. For some particular environmental crimes we should set a standard to definite the abortive criminal and behavior criminal,to add the maneuverability.4. We should perfect the procedure of relieving the environmental right.The author suggest to loose the qualification of the accuser and increase commonweal suit system which takes the procuratorate as the main body, so as to perfect the civil suit system. The procuratorate could prosecute on behalf of the victim who suffers the environment pollution. Besides, we should establish the corresponding environmental suit law. China's environmental protection law is an entity law to some extent. But civil procedure law couldn't meet the need of environmental suit, so we still need a procedure law about the environmental protection relief.5. We should pay attention to the harmony between national environmental protection law and international environmental protection law. This law in China should corresponding with the international environmental law. After China's entry into WTO, the environmental trade problem comes into the limelight.