On The Legal Safeguard Of The Environmental Security

Nowadays environmental pollution and resources destroyed have become not only the important factors to influence the national security, but also restricted the sustainable development of our production and life seriously.Environmental security is a continuous state that the environment and the natural resources, which are free from hazard and menace, could be steadily kept to safeguard the harmonious development of human being and nature in a nation. As a new form of national security, environmental security is the foundation of the national security, which is the base of other national securities. In this paper, three methodologies, politics, ethics and jurisprudence, are used to prove the reasonable necessity of environmental security. From the aspect of politics, environmental security means existence and development of a nation, at the same time the theory of Ecologic Contract shows that human must recognize the importance to respect the nature and reserve the environmental security in the nation. Ethically, human should respect and reverence the nature and establish the behavior of temperance. In the theory of jurisprudence we also need to establish the legal values of the environmental security, which follow the request of the ecological justice, green equity and ecological order. Some countries, especially American, Japan and Russia have begun to the research of environmental security in 70s or 80s in 20th centuries. Their developments of the research in environmental security have promoted their legal developments for environmental security. The law of these nations embodied the new environmental legal idea of the sustainable development, and established the environmental right and also set up the legal system to preserve their environmental security. In our nation, the start of the research for environmental security is behind these countries. So we must strengthen our law on the environmental security through amending and improving our legal system, which includes the Constitution and all the other laws.In order to safeguard our environmental security, firstly we should confirm the sustainable development as our legal principles. Secondly, we must reform the Constitution and the administrative law ecologically. It is an important provision in the Constitution to safeguard our environmental security. And it is also necessary to stipulate the administrative measure to safeguard our environmental security in the administrative law. Thirdly, we must regard safeguarding the environmental security as...