Our System Of The Current Law Of Environmental Protection, Existent Disfigurement And Research On The Disfigurement

Compared with other departments, the law of environmental protection of China is very young, which was actually made in 1973.But it has developed very quickly in the past 30 years, because its establishment and development meets the need of the existence and development of human being. There are about eight laws only dealing with the field of environments protection. More laws and regulations have been made and become a separate law department. And it is gradually becoming a system, which is based on the constitution about the rule of environmental resources, take integrated environmental basic law as a core, use the rules about environmental protection of some other related department and include such contents of the law of environmental protection, rules, regime and standard as pollution prevention and cure, natural protection, handling environmental deadlock, damage relief, environmental managing organization. However, because of its "young age", there is some disfigurement in the law of environmental protection, as if it's very "weak" and its usefulness is not practical, causing people to think it's "useless" and "cripple hood". So many experts and scholars of our country have done much research on the disfigurement of the system of the current law of environmental protection from various angles If lawmaking and law executing and put foreword many theoretical views, correspond countermeasures and suggestions, which are very valuable.As an environmental-protecting law executor, based on the studies of those who had done them before, linking with such phenomena as "executing with difficulty" and making some study on the system of the current law of environmental protection, I find and analyze the following disfigurements from two aspects: One is that environmental-protecting lawmaking can't suit the request of law executing. That is, thought or idea still lag behind; blemish in the authority of environmental-protecting lawmaking; the idea of thinking much of the department itself in lawmaking; lack of practice environmental-protecting lawmaking; the strategy of sustainable development hasn't become the guided idea of environmental-protecting lawmaking in our country; the contradictory; the function ofenvironmental-protecting department is hard to exert. The other is the disfigurements lying in the environmental-protecting law itself. That is, the law itself doesn't meet the need of the situation; the rules of the law are too broad and lack of wallop; the democracy of environmental-protecting rules can't be totally put into effect; the democracy of environmental-protecting legal system is lack of diaphaneity and doesn't form clear standard; some related policies are lack of programmed criterion; many phenomenon in the system of environmental-protecting law don't match one another (some laws and rules can't link up very well and too superficial and principle, which is difficult to execute and disfigurements still exist in the explanation about some of the laws and rules; the conflict is very between the rules and the laws and rules and the rules)In allusion to the disfigurements mentioned above, referring to the theoretical ideas and corresponding countermeasure and borrowing some foreign practice and experiment in environmental-protecting lawmaking, I'd like to put forward some concrete studying countermeasure: strengthen environmental-protecting lawmaking; continuing perfect and consummate the related laws and rules in order to make it meet the need of the situation; further consolidate and refine the related environmental-protecting laws and rules; consolidate the law executing rights and duty of the environmental-protecting department; constitute the assessing rules of the leaders and carders; renovating the mode and guided thoughts of lawmaking; strengthen the democracy the environmental-protecting law executing to embodiment the public thoughts; found the effective system of the unification supervising of the environmental-protecting departments and the intendance supervising of the branches; changing the status...