On The Environmental Benefits Of Legal Protection

At the first, the paper explains the environmental interests. After analyzing the process of environmental interests rising from actual interests to legal interests, the author discusses how the environmental laws of the People's Republic of China protect the environmental interests. Environmental interests are new interests and different from interest of property or personal interests. Environmental law results from environmental interests asking for legal protection, so environmental interests are the roots of environmental law. The environmental laws of the People's Republic of China protect the environmental interests by the frame and the rules, but there are still a lot of problems left. The current environmental laws appear negative attitude towards the protection of the environmental interests, behind which are the defects of the legislation and studies. This kind of attitude causes many disadvantages. The author suggests that the legislation and studies on environment law should have some amendments in order to set up active attitude.This paper consists of seven parts. The preface comments on the current situations of studies on the environmental interests, and point out the truth of the dispute. The first part explains the meaning, the subject, the content and the characters of the environmental interests. The second part studies the process of legal protection, and concludes that environmental law is the inevitable choice of the environmental interests. The author shows that the environmental interests are new and independent in the family of legal interests. The third part discusses how the environmental laws of the People's Republic of China protect the environmental interests, and point out some problems in it. The fourth part indicates the attitude of current environmental laws towards protecting the environmental interests, and analyzes the reason. The fifth part gives some suggestions on how to protect environmental interests better. The conclusion indicates the purpose of this paper, and points out the shortcomings.