A Research On The Assessment Of Chinese Environment And Health Related Laws And Statutes

After reform and opening up, the rapid development of Chinese economy brings severe pollution of environment. The issue of environment and health becomes more and more outstanding. To prevent and control the environment contamination, and to protect the public's health, our country has made a series of laws and statutes associated with environment and health. In recent years, legislation assessment has developed actively. The lack of entire assessment of legislation systems in environment and health is an unsubstantial aspect of current researches.This article expatiates on the background and objectives of this thesis, summarizes the status in quo of laws and statutes associated with environment and health in our country, simply introduces the legislation status in other countries or districts. On the basis of generalizing and summarizing the legislation assessment methods in domestic and abroad, this thesis used the method of key legislation elements assessment. By analyzing and comparing the six key elements (legislation purpose, legislation scope, management system, system measures, technical standards, legal responsibility) in the law and statute system, and referring to a large number of associated journals, each element was assessed and eventually the result was concluded as following:(1) Environmental legislations do not make health protection as the central purpose;(2)Environmental legislations lack contents of health protection, and there is no special legislation on environment and health;(3)Environment and health managements separate at both national and regional levels, and there's no effective cooperating mechanism; (4) In system measures, our country has established relatively intact environment monitoring and environment impact assessment system, but lacks corresponding system measures of health surveillance and health impact assessment, and has not established system measures on health impairment compensation. And there are flaws in other system measures. (5) Standard system is relatively intact, but there are flaws in its purpose orientation, coverage, advancement, and coordination; (6) On legal responsibilities, the cost of violations is relatively low, so the power to prevent environment illegal behavior is not enough. Finally, on the basis of the results, we put forward the countermeasures and advices to improve our law and statute system of environment and health by:(1) Changing our country's environment legislation purpose, making health protection as a central purpose. (2) Improving the legislation system of environment and health, enlarging the coverage of environment laws, establishing special legislation on environment and health as soon as possible. (3) Establishing organization laws for environment and health agencies, clearly defining the responsibility and coordination mechanism among different departments. (4) Amending the deficiencies of existing system measures, and strengthening the linkage with health protection in system measures. (5) Improving the technical standard system in our country. (6) Intensifying the legal responsibility, increasing the punishment to illegal behaviors.