Reflection On And Perfection To China's Environmental Legislation

Impacted positively by the Stockholm Conference on the Human and the Environment in 1972, China began to Concern about environmental problems and pay attention to environmental legislation to protect and improve the environment. Since the promulgation of "Environmental Protection Law (Trial)"in 1979, our environmental legal system, through only 30 years development, has made tremendous achievements. However, such problems as serious environmental pollution, resources shortage, and ecological imbalance has not been fundamentally changed. Our environmental legislation has appeared to be so vulnerable and inable in the face of the bottlenecks of resources and constraints of the environment that it can't protect effectively the sustained development of economic and social. After reflecting on our environmental legislation, we understand that it has so many shortages: the falling behind the reality in the guiding ideology of legislation, the umperfection of environmental legislation system that there are some blank spaces in the legislation and various legal documents are conflicted mutually, being ripe in the technology of legislation, and so on.In the face of challenges, we must uphold the scientific concept of development as the guidance to legislate, and adhere to build a social of "resource-conserving and environment-friendly", uphold the scientific and democratic, rights-based, fair and justice, pragmatic idea of legislation , and amend timely our "Environmental Protection Law," and formulate and promulgate such legislations as "Soil Pollution Prevention Law," "Law on Compensation for Environmental Damage", "Rural Environmental Protection Ordinance" and other laws and regulations, and "Green" traditional legislation and improve and perfect the environmental legal system of our country, so as to safeguard and promote the environmental justice.So, our workers of environmental legislation must continue to enrich the knowledge of natural science, especially environmental science and ecology, and upgrade the legal theory. It is necessary to raise the level of legislation to learn other country laws in the spirit of seeking truth from facts and people-oriented, through codification of laws, legal cleaning-up and assessment of the law. In a word, we should properly handle the relationship in formulating, amending or abolishing, so as to improve continuously the technology of environmental legislation and ensure the good quality of environmental legislation.