The Influence Of Modern Environmental Ethics To Environmental Legislation In China

At present, although our government takes the environmental protection as a national basic policy, and do more and more propaganda about the environmental protection. But the status of environmental and resource degradation in China is not optimistic. The law experts consider that environmental law cannot meet the social needs. We need to modify and improve it in order to protect our environment and resources better. The environmental legislation can be examined from various perspectives. We can improve it in many ways. This article attempts to find the legislative deficiency and completion in environmental law from the environment ethics angle. And author tries making the perfection of the environmental law.The first part elaborates the meaning of environmental ethics and the relationship of environmental ethics and environmental legislation. As well as the relationship between morality and law, the author thinks that environmental ethics and the environmental law get development through pushing each other. Environmental ethics can promote the environmental legislation, and environmental legislation is also too. Environmental ethics is the basis of environmental legislation, environmental ethics and environmental legislation promote each other, and environmental ethics can make up for lack of legal regulation, two rules complement each other.The second part introduces several modern mainstream environmental ethics. Detailed description of the enlightened anthropocentrism, animal liberation theory, biological egalitarianism, ecological holism and the sustainable development concept, described the meaning of the five environmental ethics, and that they can promote the environmental legislation in different levels and areas.The third part analyzes the present environmental law carefully, obtains its strengths and weaknesses. We must consummate it. Some principles of legality and legal regime conform to the environmental ethics. Also points out that the existing deficiencies and gaps in environmental law, as follows: The legislative intent can not embody the environmental ethics of sustainable development; ecological and environmental protection lack of ethics of ecological holism, not very well protected the interests of future generations; In addition, the biological equality Marxism and animal liberation / rights theory are not showed in the laws. Biodiversity and animal welfare need legislate urgently.Part IV consummates the environmental law from the perspective of the legislative purpose, legislative principles and the rules. Pointes out: the purpose of existing legislation should be improved for the purpose of sustainable development, from the ecological holism suggests that the principle of coordinated development complemented to be coordinated development of ecological priority; from enlightened anthropocentrism departure, confirms the principle of public participation to defend the future generations'interest better; from biological egalitarianism we need to formulate the rules of biological diversity and animal welfare legislation. Also proposes legislative ideas of the two legislations.