The Study Of Ethical Value Of Environmental Law In China

In the long human history, our ancestor change our survival surroundings by gathering food, hunting for animal, flourishing city and accomplish revolution of industry, information and technology .The human get huge benefits from the great development of productivity. But the change of natural environment destroys the homeostasis of earth biosphere extremely, get the global crisis of ecosystem more serious, make the traditional law structure and law theory face the reality of changing society more difficultly in order to cope with this problem ,many countries issue the basic law to protect environment in succession, make the environmental law separate from the traditional law system and become a independent law category gradually.Chinese environmental legislation begins almost at the same time with the developed country in the 1980s.it forms system and scope by many years development. But, Chinese environmental problem become increasingly serious, furthermore from territory to globality in china, the current law have no way to hold back the crisis of ecosystem and to ensure the sustaining living and development, moreover emerge many problem. From the deeper layer, the hardship of Chinese environmental law lies in lacking the inner value identity of the environmental ethic. Value notion that was developed by fighting of human and natural environment is human benefits .The human is guide line everything on earth, that detaches human and nature .The idea which is central for human benefits is setted up basic theory of law. Although environmental law accompanied by the modern market economy developed as a new law department, it still birth and grow on the base of former law convention, emphasize the uppermost benefits of human, affected by the idea of "the man is the dominator on the earth" since the Renaissant. As the bionomics and environmental ethic developed, the human conception of ethic changedVastly from anthropocentrism to non-anthropocentrism and to the conception of Sustainable Development, it directly affect modern environmental legislation from ideas and values. Before citing the conception of Sustainable Development, many conceptions of the Environmental ethics affect the Chinese legal system actively. in the study of environmental law, anthropocentrism and non-anthropocentrism are still arguing fiercely. one the one hand, Holding the conventional anthropocentrism and using legal way to solve environmental problem are of no avail, on the other hand, accepting anthropocentrism entirely will face inevitably the embarrass of the design of the naturalism. Just under such a circumstance, the establishment of the Sustainable Development theory is the base to understand Chinese existing theory and practice of the environmental law and to establish new theory of the environmental law. The conception of the Sustainable Development is not only the new thought formed in the course of looking for method to solve environmental problem, but also the perfect goal of environmental law. The global performing of the Sustainable Development stratagem advance a new upper request which need the conventional benefit concept that only emphasize on the economic benefits other than ecosystem and the conventional justice concept, value conception that just regard the human benefits and needs to change it.Also give contemporary environmental law a broader domain and a more objective aspect which hold the center of the ecosystem and the human common benefits, pursue the human and nature to exist harmoniously, accomplish the Sustainable Development of the human community.According to theory and practice, Chinese environmental law need a all-around revolution, which of aim establish environmental legal system of Sustainable Development. One the one hand, to be based on ethical concept of Sustainable Development establish new environmental legal system, on the other hand, ethical concept of Sustainable Development must become public heart faith, foster to abide by custom of environmental law. Finally, The concept of Sustainable Development becomes base of Chinese environmental law, realizes ideal of harmonious society.