Study On Consummating The Legal Function Of Environmental Standards In China

Environmental standards are a kind of technical regulations, it is all the basis of the effective functioning of the environment legislation, law enforcement, judicial and law-abiding. In China, environmental standards have a huge system, comprised of six categories and two grades. But, the position of the environmental standards'core legal function is not clear enough. By analyzing the environmental standards'legal function and the core value pursuit of the environmental law in our country, we obtained a result that protecting human health is the core legal function of the environmental standards. But, in real life, there were more defects in the environmental standards displaying the core legal function. By analyzing the defects, I came up with some measures to promote the environmental standards displaying the core legal function.The first part of this article starts with the summarized basic theories of the environmental standards and their legal functions. Analyzed the definitions, legal attribute, legal functions and so on. The purpose is to have a clear understanding of the related concepts of the environmental standard. The second part is to position the legal function of the environmental standards. Firstly, by analyzing the core value pursuit of the environmental law in our country, we found that the core value pursuit is to protect human health, too. Environmental standards always affected by environmental law, and environmental standards are the basis of the environment legislation. So, we confirmed that the core legal function of their environmental standards is to protect human health. Secondly, by analyzing the principles of the environmental standards. For example, the principle of ensure that no contamination of human, the principle of sustainable development and so on. Thirdly, by analyzing the code of conducts. Involved the environmental policies and the environmental enforcements.The third part analyzes the defects of the environmental standards displaying the legal function. The defects mainly contain: the environmental standards in our countries which do not establish the centrality of human health protection; lack of specific environmental standards; do not closely connect with the international standards; low level of public participation and so on.The fourth part is the focus of the article. According to the defects of the environmental standards, proposed some measures to promote the environmental standards to display the core legal function, namely protect human health. The measures are to establish the correct values; establish the specific local environmental standards, the environmental standard of total quantity control, the environmental standard of source control; using a combination of the pollutant emission standards and the environmental quality standards; connect to the international standards; increase the level of public participation. Hope that human health protection will be located in the core legal function of our environmental standards as soon as possible. And to protect human health better through establishing specific environmental standards.