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A Study On The Environmental Standard Formulation System’ Reconstruction

Posted on:2011-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:J D FanFull Text:PDF
GTID:2181330452961642Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental standards are an important part of environmental governance.China’s annual develop a lot of environmental standards, but either not enough just toget out; either a mere copycat, copy the foreign standard, and can not meet the level ofeconomic and social development of our country. Other standards are not evenrealistic to the point-according to its conclusions and the general public feeling arequite different. Trace to its source due to China’s environmental standard-settingsystem, there are deviations on the value orientation, lack of democratic participationand the lack of transparency and other issues.This article focuses on the theme of environmental standard setting system, anddivided it into three parts to start discussion: environmental standards, the nature ofthe relationship between development and environmental standards, China’senvironmental standard setting system problems, the development of EnvironmentalStandards System.The first chapter makes the definition on the nature of our environmentalstandards. Environmental standards, the nature of the development of environmentalstandards, the system should be taken. Current environmental standards are generallyof a holistic concept to describe their nature. And environmental standards in Chinaeither as a standard, or as a kind of administrative regulatory documents are notlegally binding, but in reality they have played a certain rule of law functions in an"unworthy of the name" chaos. Therefore, environmental standards, this article isintended as environmental quality standards and pollutant discharge standards, theenvironment of three technical standards, environmental quality standards is anadministrative goal, pollutant emission standards, standards for environmentaltechnology is a standard, but if by the law requirements or regulations will have amandatory reference, into law, rules or regulations to enforce the standards, are WTO/TBT technical regulations under part, the three kinds of environmental standardsshould be taken to develop a different system.The second chapter absorbing environmental ethics, environmental economics,knowledge, tapping the surface of our environmental standards put systems in placebehind the problem of existence of the root causes, including bias of rank value, lackof participation and lack of democracy Participation.The third chapter express the environmental standards for our system of problems thatenvironmental standards by improving the system’s value proposition to address theissue of value orientation on the deviation; improve the environmental standards setby the specific system, especially the mechanism for public participation to addressthe lack of democratic participation problems; environmental standards by improvinginformation disclosure system to address the lack of transparency issues; alsodiscusses a cutting-edge issues of environmental standard-setting behavior of the judicial review.Finally concluded that to address the problem, China should learn from theUnited States, Japan and Europe related to the system, from the value orientation, thedevelopment process, information disclosure and judicial review of aspects to perfectChina’s environmental standard-setting system, making our work out of theenvironment standard procedures for legality and substance more reasonable.
Keywords/Search Tags:standard, technical regulation, environmentalstandard, formulation system
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