On Oriented Legislation In Environmental Protection

Since reform and open policy, the development level of economy of our country is gradually enhancing, but followed by gradually serious circumstance problem. At the same period, the government promotes the level of present legislation. The country has made the massive environmental protection laws and regulations, forming an environmental protection legislation system from the central committee to the local authority. These laws and regulations play an important role in the aspect of preventing the environmental deterioration. However, with the development of Socialist market economy and the promotion of industrialization level, the limitation of present legislation of environmental protection gradually emerged. The strange phenomenon that the more legislation hasn't brought high-speed development emerged in environmental protection. The reason for this is that present legislation is more inclined to the penalty to law breaker, and by contrast, lacking the legislation that directing enterprises to the way of environmental protection development. Along with the accelerating of industrialization advancement, the flaw of terminal government gradually exposed. The feeling of terminal governs, generally, likes the fact that of taking the penalty as a goal. The terminal governs twist the objective of environmental protection legislation. The article showed that Henan as the example explains the fact that environment question has not been solved under the punitive legislation's direction. Afterward, taking Jinan Steel and Iron Group as an example explains the importance of the oriented measures to guide enterprises to develop circumstance protection. Two example's striking contrasts cause our direct-viewing understanding to the existing legislative insufficiency.This article core just supplies the pointed solution to legislative insufficiency, mainly has three parts: the first part, I proposed government must increase the finance support level of the environmental protection in the environmental protection legislation. The government should set up the government-oriented environmental protection investment fund through the form of legal or administrative rules and regulations. The second part, through observation to overseas and domestic action, the article proposed legislative about setting up the economical drive system in order to direct enterprises to development of circumstance protection. The third part, basing on practical experience in different area, the author suggested the legislation about transaction system of environmental pollution, and meanwhile proposed that some problem should be paid attention to in the course of legislation. The article suggests that the environment resources legislation must set up the more positive and encouraging measures. Facing the deterioration of environment, legislation should guide the enterprises, the organization and personality to set up positive manner to treat the environment question. The legal relief should not only emphasize the investigation of responsibility and obligation. The benefit promotion should gradually become the main direction of environmental protection legislation. The development of society request that legislation must attach the importance to the source governs. Basing on summing up the precious experience of environmental protection and local measures of environmental protection, we should set up law and administrative rules and regulations which is suitable in all country. At last, environmental protection legislation conforms to the social development. Vigorously initializing directed legislation has the positive significance in three aspects: the transforming of the environmental protection idea of the enterprises; directing the enterprises to protect environment in a more positive manner; at last, truly realizing legislative objective of environmental protection legislation.