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The Improvement Of China's Environmental Protection Law Under The Scientific Outlook On Development

Posted on:2011-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2131330332972245Subject:Basic principles of Marxism
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China's current Environmental Protection Law of People's Republic of China (hereinafter referred to as Environmental Protection Law) was revised in 1989, it ascertains the basic framework of China's environmental protection system and pushes forward the legislative work at national and regional levels as well as the formulation of Environmental protection laws and regulations at specific fields. Undeniably, the current law played an important role in China's environmental role. It has been more than two decades since the promulgation of the environmental protection law. In the past two decades, China'national situation has undergone dramatic changes, such as the change from the planned economy to the marketing economy, the rapid development of national economy, the remarkable development of people's living standards and these great changes of environments, together with some other environmental protection acts are revised and a few number of new environmental acts are drafted. Environmental protection law is not suitable for the whole environmental law system. It does not meet the requirements of scientific outlook on development as well. Therefore, the improvement of Environmental Protection Law becomes a top priority. It is of great theoretical and practical significance to research on this issue.The thesis gives a review of the evolution and development of China's Environmental Law, grasping the change of China's environmental protection law from a thorough perspective. It has proved that the perfect feasibility of environmental protection law guided by scientific outlook on development. Mean time, it carried out a profound discussion and analysis of problems existing in Environmental Protection Law currently in terms of legislative guidance and level, fundamental principles and systems as well as environmental rights. By comparing basic laws of environmental protection of some countries and regions, this thesis offer a series of useful suggestions accordingly on the improvement of China's Environmental Protection Law based on the above analysis and discussions. Firstly, improve the legislative level with the scientific outlook on development as its guiding ideology. Secondly, replace the principle of "coordinating the environmental protection and the economic and social developments" for the principle of "maintaining a sustainable development of environment, economy and society", and the principle of "prevention first while combining prevention and control and comprehensive treatment" for the principle of "prevention of pollution sources first while combining prevention and control as well as comprehensive treatment", and the content of "the government should be responsible for environment" and collaboration principle should be added to the principle of "environmental liability", which will make the basic principles of environmental protection law more suitable for the requirements of scientific outlook on development. Thirdly, to improve environmental assessment system, "the three at the same time" system, pollution levy system and the deadline system for treatment and set up the system of clear production, elimination system, to increase these new systems such as the system of environmental investment, the legal system on meeting outburst environmental events. Lastly, establish and improve the citizens'environmental rights.The thesis aims at making China's Environmental Protection Law to be a basic law of environmental protection, a law with scientific outlook on development, a high-order law ruled by the people's congress, a law with more reasonable principles and systems, and what's more, a real law in sense that is more suitable for china's national conditions with a more prefect environmental rights. It is expected that it will contribute a lot to the improvement of environmental issues and the development of China's environment legal systems.
Keywords/Search Tags:Environmental Protection Law, scientific outlook on development, sustainable development, improvement
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