Study On The Argumentation Of Environmental Law Central Obligations

At present, the environmental law failure(i.e., environmental law’s operability ispoor, low efficacy or lack of effectiveness) is the most pressing concern that exist in thepractice of environmental laws. Environmental law fails for many reasons, but thedefects of environmental legislation itself is the main reason. Research on theargumentation of environmental law central obligations, is a response to the problem of“environmental law failure” in the legislative level, and in order to enhance theenvironmental law’s operability, improve the environmental law’s efficacy from thelegislation reforms of environmental law central obligations.The so-called argumentation of environmental law central obligations, refers to theenvironmental law as a way of specification and control to protect ecologicalenvironment and safeguard human healthy, mainly depend on obligatory norms, in otherwords, in order to achieve the specific goals of environmental legislation, legislatorsshould pay more attention to obligatory norms, and try to improve the environmentallaw’s operability through rationally allocating environmental obligations and carefullysetting environmental responsibility. The theory of environmental law centralobligations is not the simple regress of “obligation standard theory”, but a view from theperspective of “technique”, and it also a new theory(this theory aims to protectenvironment by the means of setting environmental obligations effectively and achivingthem practically).In this paper, research on the theory of environmental law environmentalobligations, which not only includes the necessity study of environmental law centralobligations, but also covers the practical analysis of environmental law centralobligations. Generally speaking, the environmental obligatory norms both come fromthe consistency evaluation of bystander in “three social pattern” theory and theresponsibility in environmental community, and embody a kind of environmental justice.In addition, this paper attempts to clarify the connotation and denotation ofenvironmental obligatory norms, and in order to further reveal the real state ofenvironmental law central obligations through textual study of extraterritoriallegislations, domestic legislations and international environmental legal documents.Finally, study on the theory of environmental law central obligations is to innovatethe legislative ideas of environmental law, and expand the legislative paths of environmental law. Currently, China’s environmental laws belong to a kind of “Daobi”,“inaccurate” legislation, but urgently need to achieve the target of “foresight” and “fine”under the guidance of environmental law central obligations. More importantly,legislators need to adopt a lot of measures to enhance the environmental law’soperability, to ensure the environmental law not only “can use”,“better use”, but also“practical use” in real life. These extended measures include as follows: reasonableallocate the obligations of environmental law subjects, expand the contents ofenvironmentally positive obligations, increase the methods of execution ofenvironmental obligations as well as strengthen the legal consequences that whoviolates environmental obligations and so on.