A Research On The Problem Of China's Environmental Resource And Legal Protection Of Sustainable Development

The sustainable development of environmental resources relates to China's economic and social development, relates to the long-term plan of China's survival and development. From the law and economics perspective, this paper applies the science of environmental resources, environmental resource economics and environmental resources law and other related disciplines of knowledge on the sustainable development of China's environment. This paper is divided into four parts.Part one, introduction. On the basis of summarizing the concept of environmental resources, environmental resources is given a definition that is human-centered outside world, that is to say, the natural and artificial factors affecting human survival and development, including two aspects– environment and resource. At present, China's environmental resources are very severe, it has become the key factor restricts our country's sustainable development. With the globalization of the world economy development, the environment has become a resource issues affecting the country's development, security and even change the world pattern. Therefore, in the future, China will face the greater international pressure. In view of this, how to handle environmental resources and sustainable development has become an important issue that can not be avoided. In this aspect, environmental resources play an important role. Currently, the legal system of China's environmental resources is: the constitution, the basic law to protect environmental resources, local government regulations, the international treaties of environmental resources protection and so on.Part two deals with the law protection of China's sustainable development of environmental resources on the basis of property rights."Property rights are the rights implemented by society to choose the use of the goods."From the point of view of economics, property rights do not mean the general material entity, but by means of the people's mutual recognition behavior caused by the use of goods. Therefore, the main function of property rights is to help a person to form the expectations when he has transactions with others. In the general theory of property rights on the basis of analysis of environmental resources property rights, we can see that it has its own unique characteristics: cost of the property rights of the special allocation efficiency standards, the total number of the main property rights, property rights, the implementation of the non-exclusive, etc.. Using the theory of property rights to analyze the law protection of China's sustainable development in environmental resources, it is based on two considerations: first, the external causes of market failure; second, the underlying reasons of property failure. On the basis of this analysis, China's environmental resources of the property rights system has some problems: "Property congestion" issues, the environment and resources as the excessive use of public goods source of the problem is difficult to clear property rights. China's environmental resource is the main form of state-owned property rights, that is, belongs to all the people all in this premise; the legal system related to property rights of environmental resources is not perfect and so on.Part three explains the law protection about the environmental industry and the sustainable use of China's environmental resources. In this paper, an important part is how to apply the theory of environmental industry to China's sustainable development of environmental resources. Firstly, this paper analyzes the relationship between environmental industry and sustainable development of environmental resources; it expounds China's current development and the problems that exist. At present, China's environmental industry has the following major issues: first, the level of technology is low; second, the financing channels are single and insufficient; third, the industrial structure is unreasonable; fourth, the development of market is imperfect; fifth, it lacks of effective macro-management. Taking Japan and the United States as examples, this paper analyzes the legal system of environmental industry.Part four summed up the insufficiency of legal protection system about China's environment resources, such as the lack of sustainable development thinking guiding environmental resource legislation; imperfect legislation system of environmental resource protection; there are some defects on the basic system related to environmental resources law and so on. On this basis, there are some suggestions on how to improve our legal protection system of our environmental resources sustainable use: first, the concept of sustainable development should be written into the Constitution. Second, the legal protection of environmental resource property rights should be strengthened. Third, the promotion and protection system of environmental industry should be established. Fourth, the legal principles related to environmental resource protection should be increased. Fifth, it should be encouraged that China's environmental protection enterprises implement Environmental Labeling System. Sixth, the diversification of the dispute settlement mechanism should be achieved.