Environmental Externalities And Environmental Law System Is Constructed

The environmental question is an important problem of restricting our country's economic and social sustainable development, it is the hot problem of the law study in our country too. Though come to environment of our country to legislate to increase in a large amount these years, the environmental legal construction is improved certainly, but the problem of environmental pollution is becoming more and more serious. The environmental crisis takes place frequently , from the greenhouse effects, the acid rain, desertification which is known very well for us since before to light pollutions noise pollution, transgenic products pollution etc. which daw our attention progressively till now. These current situations not only beat alarm clock for we but also cause our thinking of existing legal system of environment.Because the environmental question is mainly caused by an economic activity, the author introduces the " externalities " concept in economics, through forming analysis of the reason of it, combine relevant theories in the economic law, environmental law, have proposed perfecting and improving several suggestions of the legal system of relevant environments of our country. The full text can be divided three parts altogether besides foreword and conclusion:Part Ⅰ, set about from " externalities " concept in economics at first, through the generalization of externalities meaning correctly, problem research results sum up to externalities to economists, draw roughly outline of the concepttc. Secondly has analysed the intensions classifications characteristic of the environmental externalities and formed the reason, make foreshadowing for the following argumentation.Part Ⅱ, form the reason and analyse, have expounded the fact the settlement of the environmental externalities problem of the Part I needs environmental law. In order to prove this, the article has analysed the law of traditional department to the limitation solving of the environmental externalities problem firstly, then analysed the relevant theories in the environmental law especially, through the contrast, draw the conclusion.part Ⅲ, it is a focal point of this text, from two respects of theenvironmental externalities behavior mainly: positive externalities and negotive externalities are set about, has described respectively. To the former, this selected systems have fetched ecological compensation > environmental protection industrialization as the model, have put forward the suggestion to improve and perfect. To the latter, choose environmental impact appraise," three at the same time " system, blowdown charge system these three systems described, have put forward one's own suggestion. Besides existing systems, the author also think it should set up the systems of environmental tax and tansaction of blowdown right.