Research On Beneficiaires Pay Principle

Since industrialization, the human ability to transform nature is stronger thanever. Pursuit of industrial development, human changed the nature inherent in therules of survival in the consumption of natural resources. Depending on mining,reclaiming land from lakes, wantonly killing wild animals, the discharge of pollutants,etc. human access to an unprecedented wealth of material conditions. However, flashfloods, tsunami, ozone hole, greenhouse effect and other disasters to mankind moreand more clear understanding of the human use and transform the nature of,too, arecounterproductive in human life. Because of the frequent natural disasters, humanshave to attach importance to the influence of the environment, protecting theenvironment,controlling environmental pollution has become the inevitable demandsof humanity. In this context, environmental law that treat protecting the environmentas a fundamental value of the target has become a focus of attention. The basicprinciples of law acknowledge and reflect the nature of law, in relation to the basicprinciples of environmental law to reflect the nature of the target of environmentallaw to protect the environment, the beneficiaries pay principle is to meet thisrequirement.Beneficiaries pay principle established through a gradual deepening of theprocess, from ideas to the legislative activities. The principle is developed on thebasis of the polluter pays principle. Polluter pays principle is originally in1972by theEconomic Cooperation and Development (OECD) in an economic conference, at thetime, it’s just an economic principle, the focus is the sharing of environmental costsand international trade fair, the purpose in order to promote fair competition ininternational trade. However, in the process of the implementation of the principle,more and more countries have found their advantage in the field of environmentalprotection, the principle has to encourage polluting enterprises to optimize theproduction process, saving energy, reducing the enterprises to optimize the production,the principle has to encourage polluting enterprises to optimize the productionprocess, saving energy, reducing the role of pollution. In addition, the chargingsystem to be implemented in accordance with the principles of environment to raisesome funds. Therefore, many countries have established the principle of polluter paysfor the basic principles of an environmental law. But with the increasingly urgent human demand for a clean environment, the polluter pay principle because of theobstacles on the accountability theory and real-world operating loss of the advancednature. In this case, some scholars have put forward the basic principle ofbeneficiaries pay principle of this new environmental law.The main content of the beneficiaries pay principle is to require the obligation tofulfill the pollution control and the actual beneficiaries from the natural environment,ecosystem restoration, environmental protection, otherwise, it should bear thecorresponding responsibility. The main obligations of the beneficiaries pay principleis no longer limited to the development of natural resources and polluters, andextended to all the natural environment of beneficiaries, which in fact is theresponsibility of the Environmental Protection social distribution. This article focuseson the environmental obligations of the state, enterprises, citizens of these threeobligations main discussed. According to the social contract theory, members of thesociety in order to better protect and realize their own rights and transferring part ofthe rights to the state shall be exercised by the State, the country is essentially in orderto safeguard the interests of the members of society, the country is the will of themembers of society enforcement. Citizens to enjoy the environmental rights of course,have the right to survive in good health and the environment, while the State’sobligation to protect citizens’ rights, so the state has the responsibility to protect theenvironment in order to protect the realization of citizens’ environmental rights.Therefore, the state is the principal of the obligations of the beneficiaries payprinciple. Enterprise survival and development are inseparable from the naturalresources, manufacturing companies need the natural resources of oil, coal, naturalgas, minerals, water, etc, as a raw material to support the production and operation ofenterprises, service enterprises also need traffic conditions, weather conditions,natural the scenery of the natural environment favorable support can be success fullycarried out business activities. Economic interests in the processes of nature, theobligation to maintain the good condition of the natural, pollution or consume naturalresources of the need to assume corresponding responsibilities. Every one to survivein the environmental, to obtain the items necessary for the life beneficiaries of thenatural environment due to the natural environment and benefit citizens, citizensbenefit from the natural environment at the same time also as beneficiaries from thenatural environment destruction of the environment should bear the appropriate environmental protection obligations, so that each citizen should be responsible forenvironmental pollution and damage.Beneficiaries pay principle should play its due role must have a specific systemto be supported. For China’s vast population, garbage production, and low per capitashare of resources, the country should implement environmental taxes, thedevelopment of recycling economy, establish the system of eco-environmental fundsto achieve full protection of the environment, the cycle of natural resources, therestoration of the ecological environment. Only these supporting systems to becompletely implemented, the beneficiaries pay principle in order to realize its value,so our society to become an environmentally friendly society, people and nature toachieve harmony.