On Sustainable Development Is A Possibility And The Path Of The Basic Principles Of Environmental Law

Industrial civilization brings tremendous progress of human society, but also environmental disaster. Facing various of environmental problems, "pessimists" and "Optimistic" views are difficult to be accepted due to its one-sided and extreme. Thus, the sustainable development concept was born. From "World Conservation Strategy: sustainable development for living resources conservation " in 1980 put forward the concept of "sustainable development" to "Our Common Future" in 1986 defined "sustainable development", and then the Rio Conference in 1992 interpreted "Sustainable Development", the importance roles of Sustainable Development in the contemporary was ultimately established. Sustainable development means"development is not only meeting the needs of the present ,but also not posing a hazard for the future generations to meet their needs ", which includes intra-generational equity, intergenerational equity, sustainable use and integration of environment and development, with a fair , continuity, commonality, comprehensive, scientific and technological relevance of other features. From the perspective of environmental law, the core of sustainable development means economic and social development does not exceed the carrying capacity of environmental resources.In order to using the sustainable development guiding the construction of environmental law, legislators should not only use it as a legislative purpose of environmental law, but should use it as a fundamental principle of environmental law.Sustainable development as a basic principle of environmental law, its legitimacy lies in: First, sustainable development was consistent with the characteristics of legal principles ,"sustainable development" was a result of statements which have the abstract and general uncertainty; applicable in all environmental laws areas and have a broad application; with a value of load resistance and force because containing the fundamental value and the law relating to social stability and development; with instrumental because it provides the basic distribution of rights and obligations of the rules. Second, sustainable development principle is one of the fundamental principles in environmental law, applicable to all major aspects of environmental protection and playing a guiding role, can reflect the characteristics of environmental law, providing basic legal basis for the development of environmental law norms and dealing with specific issues in environmental protection, in line with the basic principles of environmental law, so it can be a basic principle of environmental law.Sustainable development as a basic principle of environmental law, its necessary lies in: the needs to improve the quality of our environment, the needs to fulfill its international obligations, the needs to solve environmental public interest litigation problems. Sustainable development as the basic principles of environmental law is also reasonable: science-based development provides policy support, practice reasonability provides philosophy support and human and ecology centralism provides environmental ethics support.After arguing the legitimacy and rationality for Sustainable development to become a basic principle of environmental law, this article makes a preliminary recommendation on the rule of sustainable development plays to transform environmental law system in our country. Not only confirming constitutional status, establishing the status of the basic principles of environmental protection law, sustainable development was embodied in environmental protection separate regulations, guiding the development of environmental standards and also affecting procedural laws.In addition, after describing the legal practice in foreign and domestic legal practice sustainable development principle , this paper also analyses the relationship between the purpose of enacting the law and sustainable development principle, between the coordinated development principle and sustainable development principle, and discusses the reasons why sustainable development principle can be established to achieve a better environmental law purpose and the coordinated development principle can't replace it.