Research Of Incentive System On Environmental Law

Currently, resources’ destruction and environmental pollution in our countryhave made a significant threat to the local humans’ health and economic development.According to the data analyzed: China has been faced with8environmental problemswhich was considered as "remarkable" by the world. The8environmental problemsnamely is: Serious air pollution, Water resources’ shortage and pollution, theinefficient exploitation and use of mineral resources, Soil erosion, Landdesertification, Grassland degradation, Forest resource reduction, Loss of biodiversity.In1993, the Chinese government formally put forward the conception of sustainabledevelopment, in the year of2004, the strategic deployment of harmonious societyconstruction in scientific development was also proposed, and today it has been overtwenty years from1993. We obviously found that the national economy wasfast-growing, but the environment was from bad to worse. It had to let us makeintrospection on the current system of environmental management.The Chinese government has led a bad result because of taking the traditionalpattern of "command and control" on environmental management before1990s’. Theincentive measures of environmental protection which had been widely used allaround the world have also not brought some improvements. Therefore, it is necessaryto rethink profoundly about the incentive system of environmental protection in ourcountry. The government should also make some summarizations and analysis inenvironmental law on the implementation of all kinds of incentive measures in recentyears. Specifically, we need review and summary the categories, background, relevantlaws and regulations, implementation situation, the effect of each incentive measures,and also need summarize the existing problems from legal aspect. Finally, through thestudy of relevant legal literatures which from the foreign countries, through thecomparative analysis and empirical Analysis and combined with our country’s realityconditions, then we can put forward solutions. Thus it can make sure that theincentive measures can play the maximum role in environmental protection andmanagement.The first part of the graduation thesis divided into2sections. In section1,what isincentive system of environmental protection should be discussed in the first place,including that the definition of incentive and elements of incentive, and then given theexplicit connotation of incentive system of environmental protection. After that, thecharacteristics of incentive system also should be expatiated, they including: induced,diversity and flexible variability, affinity of market and well-served economy.Moreover, the function of incentive system of environment protection wassummarized. In section2, it began to summarize and analyze the development andcurrent situation about the incentive system of environmental protection in China.First of all, it introduced the international background of development aboutenvironmental incentive theory. Especially the research proposition about how theincentive theory of environmental protection proposed and gradually accepted and spread in the world has been mentioned and introduced in details. In succession, ittalked about the development of environmental incentive system in our country, andindicated the achievement in the areas of theoretical research, as well as in the fieldsof legislation and legal practice.At the second part of this thesis, it classified current incentive measures inenvironmental laws into12kinds of2categories, and analyzed and illuminated thedefinition, background, mechanism, legislation, implementation effect and theexistence problem of each environmental incentive measures.The last the part of the thesis is the summary about the current problems andshortcomings that existing in incentive system of environmental protection of china,and the suggestions of how to solve it. Among them, the general problems，whichfound in the process of incentive measures implementing, include that: the limitedrange of use, the less cooperation of the positive incentive measures and thecorresponding negative measures, lack of execution and procedural program, lack ofthe matching regulations and the bad implementing environment. In addition that,based on the problems, we can have a definite object to put forward the reformsuggestions.