Study Of The Legal System Of Environmental Management In Construction Projects

As one of the supporting industries in China, construction exerts an important influence on economy, not without inevitable environment deterioration. China is a developing country and is carrying out the largest-scaled construction than ever. The construction industry is facing stern pressure from environment and environmental regulations are badly needed.Experiences and research from many countries indicate that law plays a vital role in environmental management. After more than 20 years' practice, China has established a series of environmental law systems, of which the system of Environment Influence Assessment and the system of three the-same-times are representations, play an important part in preventing the pollution in construction. However, our environmental management in construction is backward in comparison with many developed countries in the world. The contradiction between construction and environment still exists. In view of environment protection in construction, we still do not have a legal framework to adjust which is comprehensive. The Constitution, the environmental basic law, the environmental single law, and some administrative rules and regulations all contain some principled or indirect stipulations, but there is not a special law for environmental protection in construction. The current department laws for construction seldom describe environmental protection, and only contain some rough regulations related to environmental protection. Environmental management in construction is the major portion of the whole work in protecting the environment, and gives important influence to the development of construction industry. We cannot carry out environmental management successfully with the vacancy of the right law system.This text takes environmental management in construction as the background, regards the law method as the research object, and studies about how environmental law fits into construction management. Since the environmental problem is resulted from the economic misbehaviors, "efficiency" in economics is introduced to carry out the research concerning the environmental law system design in chapter 2, and the corresponding strategies are put forward. Taking the conclusions in chapter 2 as rationale, in chapter 3 and chapter 4 the author has made thorough analyses about the disfigurements of the current environmental law system in construction. Also, some international comparisons are made in this field, In chapter 5, the proposals about legislations are put forward in four aspects.From a unique angle of view, multi-disciplinary theories including economics, law, and environmental science and so on are applied to the research, in this paper environmental management in construction is studied in a multidimensional framework. This is a bold attempt in relating field, and the author hopes it is helpful to the development of the referring subject.