Environmental Law Research Under The Guidance Of The Scientific Outlook On The Development

The 17th National Congress report clearly stated, "harmonizes economic growth with the population, resources and the environment", to "promote a conservation culture by basically forming an energy- and resource-efficient and environment-friendly structure of industries, pattern of growth and mode of consumption", so that "awareness of conservation will be firmly established in the whole of society".Facing today's serious environmental pollution and ecological destruction, we re-examine the relationship between human race and nature, and finally to understand while people transform the nature, we can not put the location of humans and nature on the opposite.The firth rule of Environmental protection law of the People's republic of China stipulates:"This Law is formulated for the purpose of protecting and improving people's environment and the ecological environment, preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development of socialist modernization." However, we must see that some of the existing legislation is not set under the guidance of Scientific Outlook on Development, but set under the goal of promoting economic development. It stressed to balance environmental protection with economic growth, rather than to coordinate economic development with environmental protection, even more than environmental priorities. Not like other developed countries, Chinese environmental law is not only lack of material basis and the legal environment in which to achieve environmental law, but also lack of the capacity of dealing with multiple complex environmental problems in the market economy situation. Current legislation can not completely meet the requirements of the Scientific Outlook on development, it needs to be revised and improved.As the coming of environmental era, the next five to ten years is a critical period for China to response the domestic and international challenges, accelerate the transformation of economic development to ensure sustainable development. The strategy of putting the concept of green development into the economic restructuring which is our rare opportunity and the sacred history mission.This thesis begins with the origin of Marxist classical writers'outlook on development, and then compares and analysis the historical evolution of domestic and international environmental laws, further explores how to improve environmental law under the direction of the Scientific Outlook on Development. The above statement is the main issues and view of this thesis which consists of introduction, the first part, the second part, the third part and the conclusion.The introduction outlines the times background, the theoretical value and the practical significance of this project. The author seeks to start from the perspective of Marxist development theory to analysis and research the contents of current environmental law under the Scientific Outlook on Development.The first part firstly systematically compiled Marxist classical writers' outlook on development. Secondly, we over-viewed of ancient and modern development theory, learned from the ancient and made the foreign things serve China. After comparing, we could draw that the Scientific Outlook on development is the vital theory among theoretical system of socialism with Chinese characteristics. Linked to contemporary environmental issues, sustainable development theory is a strong theoretical support for China to implement environmental protection strategy.The second part focused on the historical evolution of environmental laws. Firstly, we arranged the evolution of western environmental law systematically. Secondly, we assessed the current situation of Chinese environmental law and analyze the reason of it, including the strong executive sense and weak penalties of our environmental law, weak environmental awareness of citizens or hard to get to meet the demands of environmental justice. The current system of environmental law is so deficient and insufficient that it's difficult to control the quality of the environment continuing to be worse. Thirdly, through comparative analysis we could clearly know the individuality and commonality between domestic and international environmental laws in the process of historical development. Until the 1970s after the United Nations Conference on Human Environment, The world environmental law really rapid developed and made sustainable development strategy as a national one in the form of law to be clear. The difference between domestic and international environmental laws are process, path and mass base. Grasped the historical trail in fact was the introduction to the third part.The third part:based on the above two parts about theory analysis and historical evolution, this part comprehensively discussed the basic principles, institution of the environmental law and other aspects of improving the overall environmental legislation. Firstly, the humanistic basic theory of environmental law dose not consistent with the ecological rule. As a result we re-describe the guiding ideology of environmental law and launch a research based on the Scientific Outlook on Development. Secondly, we summed up the experience in the development process of environmental law, proposed some opinion and methods which were more scientific to coordinate the conflict in some weak links of environmental legislation and enforcement. Finally, combined with the Scientific Outlook on Development and Chinese national conditions, i applied the basic principles of Marxism and proposed some reasonable idea to building a socialist harmonious society:Improvement of seven levels of environmental legislation system and six major regime of environmental law system. Three general direction improvement of environmental law:put attention to administrative but neglect civil changes to emphasis both the civil and administrative; Increase penalties for environmental law to solve low-cost to against the law but high-cost to enforce the law; Begin to focus on public participation and supervision.In conclusion part, summarized the idea which human and the nature harmonious get along to different research fields especially environment law penetration and the main arguments of the full text, then the background knowledge and the technical means of environmental science should be absorbed into the environmental law system.