On The Interests Regulation And Control Function Of The Environmental Law

When the law solves the dispute, the essence is the balance to various kinds of interests contradictions relation. The interests contradiction usually includes three kinds: Interests subject and interests object contradiction, interests contradiction between objects and contradiction each other of subject of interests. The interests contradiction that the environmental law adjusts and controls includes: Contradiction between population and resource, environmental interests and economic benefits, public interests and private interests and intergeneration interests. Environmental law protect the environment interests through setting up environmental right, balance various kinds of interests conflict through peculiar purpose, principle, system, regular system, combine the already existing interests pattern from the macroscopical aspect again, reach environmental interests, spiritual interests, long-term interest,, whole interests, take the place of border interests and economic benefits, material benefits, short-term interests, local interest, take the place of interior new situation that interests develop in harmony. Sustainable development, risk preventing, such principles as the citizen participation, resource are utilized with compensation that establish in the environmental law, and the systems, such as environmental impact appraising, cleaner production, permission of utilization of resources, blowdown charging, "three is at the same time", etc., the one that serve for solving these interests contradictions. Meanwhile, environmental law transform a traditional one civil, administration, criminal legal means is it combine constantly interests pattern that break again from little pieces of aspect to come also. With the task and method of one's own unique interests contradiction of regulation and control, have proved effectively that it is totally possible and essential that the environmental law becomes an independent department law. This text has been analysed preliminarily on interests contradiction and means that the environmental law adjusted and controlled, point out present of our country environment legislate and environmental law science basic theoretical research deficiency that store in, and has put forward some corresponding countermeasures and suggestions.