On The Realization Of Principle Of Justice And Equality Of Environmental Law

Fair and justice are essential to law and one of the important value goals of the environmental law as well. People are increasingly involved with environmental protection as environmental problems critically emerge in modern society. People not merely pay more and more attention to life right of contemporary generation, property right of subsequent generations, but also the harmonious development between human and nature. Environmental equity is proposed on this basis. The essence of Environmental equity includes intrageneration equity, intergeneration equity and nature equity. One of the theoretical foundations of Environmental equity is the environmental ethics, then it turns into the ecological legal view of selfish depart mentalist, the philosophical foundation of environmental equity. The proposition of the sustainable development view makes environmental equity a basic demand. Whether environmental equity can be realized not only concerns later generation's environmental right, but also an important guarantee that the sustainable development strategies carry out. At present, there is a conflict on two kinds of value orientations on legislating between fair and efficiency in environmental law how the conflict coordinates will determine rule and dynamics of environmental protection in various countries. There are two obstacles in the realization of environmental equity, ideology and legal system. In addition, the drawbacks in the existing legal system prevent from the promotion of environmental equity. Therefore, in order to realize the environment equity, it is very important to set up rational environmental right system in our country. From the author's point of view, in order to maintain environment fair and justice, it is very essential to perfect environmental law and set up rational environmental right system in our country. Improve environmental law enforcement and environmental education, promote and ensure environmental fair realization, establish a solid foundation for the realization of the sustainable development strategies too.