Studies On The Legal Reasons And Legal Countermeasures Of The Environmental Protect Movement In Contemporary China

Environmental protect movement is one of the important forces to promoteenvironmental protection and improvement, which has undergone a huge transformationfrom spontaneous participate in to institutionalization in the West and Taiwan, itspositive significance has been affirmed. In contemporary China, environmental protectmovement is still in its infancy, even though it brings many positive effects ofenvironmental protection, it still has many disturbing factors at the same time, forexample, the social confusion which caused by the disorder in the movement, or theviolent conflict which caused by some extremists’ radical or illegal behaviors and so on.As a country under the rule of law, we should recognize the value of the environmentalprotect movement in the process of legalization, and we should also be aware of thebreeding of adverse factors in the movement if we did not regulate it well at the sametime. Therefore, how to prevent or regulate the environmental protect movement withinlegal limit is the purpose of this study. To achieve this goal, analyze the legal reasonsand legal countermeasures of the environmental protect movement is the main contentof this article.This paper firstly reviews the relationship of some related concepts, such as "socialmovement","environmental protect movement","green movement","environmentalmovement","environmental group events" and so on, clarifies the connotation ofenvironmental protect movement in contemporary China’s social context. Afterintroducing the movement’s current situation, ideal type, practical logic and problems,the paper analyzes the legal reasons due to the environmental protect movement, whichincludes both imperfect legal system related to the environment, and direct or indirectly contribution by the movement’s subject, such as the absence of environmentalresponsibility of the government and related departments, the unclear legal status ofenvironmental non-government organization, the legal promoting by elite, the deviationof the public’s awareness of rights and the rule of law thinking. After analyzing theevolution of Taiwan’s legal countermeasures to deal with the environmental movement,summarizing the experience to deal with the environmental movement in Taiwan tomainland’s environmental campaign, according to this, the paper made an exploratoryanalysis about the regulation of the environmental protect movement in contemporaryChina: China’s environmental protect movement is one of the most importantsupplement of the government’s environment regulation which determined by itsself-help character, so the government and its relevant departments should give it acertain living space, this needs not only the improvement of relevant environmentallaws, but also needs the tolerance from the government and the guidance and regulationof other main bodies which based on law. As a result, the paper puts forward thecorresponding legal countermeasures.The globalization trend of the environmental movement determines theenvironmental protect movement in contemporary China should not be completelynegative,"maintaining stability" should not be used as an certain excuse to suppress themovement either, the social stability should be strengthened by the country’s capacityabout incorporating social contradictions and conflicts into the legal system gradually.Therefore, what the government needs to do is to dredge the public relief channels aswell as guide and regulate this new form of environmental protection in accordancewith law, improve the ability of the government and the country’s management of publicaffairs.