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On China's Environmental Legal Advocacy Specifications

Posted on:2012-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LinFull Text:PDF
GTID:2206330332490799Subject:Environment and Resources Protection Law
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With the continuous progress of human society, the development of science and technology, rule of environmental law in China has made rapid development. However, for many of the environmental law scholars who did not foresee was that the effect of environmental governance is unsatisfactory, the quality of our environment is worried by more and more people. This suggests that the traditional environmental governance in the face of increasingly complex environment appeared to be inadequate, and continue to expose abuses. At this point, advocates of governance norms came into being. Legislative advocacy norms in the real existence have a large number, and showed increasing trend, but as a new model of governance does not seem to cause enough attention from theorists.Environmental legal advocacy norms emphasize corporate governance; mobilize the enthusiasm of the people, in order to guide people's environmental behavior. This model helps to efficiently respond to the ever-changing government environment, and achieve the true realization of a wide range of public participation. I believe that environmental legal advocacy norms can provide a unique path for the environmental protection.This article is divided into four parts:The first part,"the concept and characteristics of environmental legal advocacy norms" is to regulate the environmental legal advocacy norms. Article cited in the advocacy of environmental law norms abound, and to learn the concept of scholars in related to the fields will be defined as " environmental legal advocacy norms, is the legal norms in the environment, promote, induce a party to the use of specific behavior patterns, an act or omission as to achieve a particular environmental purposes norms. "And followed by an overview of the environmental legal advocacy norms'features:advance,leading,affirmative,policy etc.The second part, "social fitness and value analysis of environmental legal advocacy norms. " This part analyses, due to the inadequate of traditional governance deficiencies, coupled with the requirements of transformation of government functions, environmental law has necessary to establish. Then, from environmental awareness, environmental and cultural aspects combined with law and economics and sustainable development of the theory that advocacy of environmental laws and norms are consistent with the purposes of law and economics of governance, so environmental legal advocacy norms fit the social. Then make a value analysis for the environmental legal advocacy norms, pointing out the environmental laws with a peremptory norm can not match the many advantages, for example, providing new ideas to reduce the cost of environmental management and promoting changes in the concept of environmental management, integrating between the existing environmental laws, guiding the behavior through the positive evaluation and improving the environmental legal system, etc.The third part, "the main types of environmental legal advocacy norms of china. " This part mainly divided environmental legal advocacy norms into five categories, named award specification, guidance specification, economic support specification, protocol specification, popularization specification. Award specification is the most significant form of expression; environmental legal advocacy underscores the essence of norms. The following guidance specification, economic support specification, protocol specification, and popularization specification, respectively from a different perspective on the environment to guide the behavior relative to the relative ease way to achieve environmental objectives pursued by the community.The fourth part, "perfect the environmental legal advocacy norms ", this part is the conclusion of this article., through the advocacy of the five categories of environmental legal advocacy norms, proposed s the environmental legal advocacy norms should be properly treated, and focus on environmental effects of norms, try to standardize the characteristics for each type of the norms, and ultimately form a relatively complete system of environmental legal advocacy norms.
Keywords/Search Tags:environmental governance, legal norms, environmental rule of law
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