Basis In Reality, Of The Environmental Law In China From The Perspective Of Environmental Culture

According to the classical doctrine of Aristotle, nomocracyshould include two interactive components. One is the system of lawand regulation, which should be thoughour and faithfully reflect thesocial and economic relation and its change rules, it forms thepremise of law, which is not rare from the perspective of Chineselaw status quo. The other is the general' abiding as well as theagreement of culturally moral value being included in the system oflaw and regulation, which is the core of nomocracy, because the systemof law and regulation, as the dedicated modification, can berelizated by itself. Instead, it, belonging to human acitivity, mustbe relized by human. However, the social culturally moral and itscorresponding law cultural atmosphere influences not only the human's cognition, feeling, and attitudes, but constrains the realizationof law level and direction to some extent, nomocracy is like thisway, so is the environmental nomocracy. As for the latter, it is veryrare in Chinese transition period. As a matter of fact, the lack ofenvironment culture is the main factor encounted by environmentalnomocracy. Therefore, taking above into consideration, this papertries to explore the basis of current environment law from theperspective of envorionmnetal culture with sociology as themethodoly.This paper accounts for 3, 5000 letters besides the introductionand conclusion.The first part is the demarcation of the environment culture andthe analysis of its function, positivity and passivity. As for theenvironment culture, this paper resorting to the view from Prof. WangXuekun focus on the environment mental culture, one of the foursubsystems. They include the environment state, the mental reactiontowards the environment problem and its spirit products. And it topsthe list of the subsystem, including environment awareness, concept, moral, and the knowledge of environment science, information, andliterature artfits. Obviously, environment culture, as a conceptualawareness, directs and influences human environment behavior. On theother hand, it will change in the way of objectivity.The second part analyses the problem of why environment culturelag behind. First of all, the concept of sluggish state of environmentculture is put forward. Then the evidence is given from theperspective of concept recognition mistakes, low level ofenvorionment awareness, moral envoromnent, the level of envorinmentbehavore habit, and low awareness of environment law.The third part explores the cause of the sluggish state ofenvorinmental culture. First the modernity of traditionalenvironment culture is carried out historically. Then the obstaclefor the development of envoermental culture is analysed from theperspective of sociololy. They are as follows: the developmentconcept, the bilary of country and city, exterior, social errors,degeneration of morality, consumption concept, and the immigrantworked flooding into cities. Finally, conclusion is being drawn. Thatis, the current environment culture lags far behind the developmentof social economy.the specific thinking and suggestion on the advance of"Government Dominance Type" environment law is found in part four.First is the analysis of the necessity of "Government Dominance Type",for we are lacking of the mass with high quality envoronmntal culture.Nor the necessity and condition for shouldering the heavy loss ofenvironment disaster realizes the awareness of the environmentawareness.Therefore, though such top-down spontaneous envorionmentalnomocracy model is very thoughour, it is still not realisticaccording to the current situation. On the contrary, we should carryout the government dominance model as the corerstone, and massspontaneous model as the minor one. One the one hand, the government dominance as the cornerstone requires us to transfer the developmentconcept, establish the green economic calculation system, andbeautify the environment law taking the sustainable developmentconcept as the theoretic direction. And it also require us to mediatethe relation between the interior, law and other laws, constitutethe sustainable development law system, advocate the sophisticenvironment culture around China, and motivate each member toparticipate in the environment protection. On the other hand, themass spontaneous model as the minor one call on the participationof the mass by means of system design, reveal the informationinvolving in environment instantly and publicly to stratify thecitizen's right-to-know, and make each member design and manage theenvironment issue voluntarily. All these serve the purpose ofstrengthening and developing the human basis of environmentalnomocracy, pushing forward the wheel of environmental nomocracy witheach member of one mind.