Legislative Study Of Military Environmental Law In China

Protecting the environment and realizing sustainable development, has become the consensus and strong desire of the world’s peoples. Military environmental protection as an important part of the State Environmental Protection, the environmental problems caused by military activities directly affect the overall effectiveness of the national environmental protection work. Therefore, strengthening military environmental protection legislation and improving the military environmental protection legal system is particularly necessary. This paper acts the framework building of China’s military environmental law as the core and hopes to provide some recommendations and strategies on the legal system for legislation of the China’s military environmental protection. In this paper, with the actual situation of China’s military environmental protection, it defined the concept and content of military environmental law, and by analyzing the legislative status quo of China’s military environmental law, pointed out that even though China had now developed the rules and regulations, because of the lack of scientific integrity authoritative and effective legal system, restricted the healthy development of the environmental protection work of China’s military. On the basis of learning important lessons of the U.S. military regulations, the paper combined legislative and organizational system level to improve the legal system of China’s military environment. It cleared the legislative purpose, basis and legislature of our military environmental law from the legislation, separately established the competent institution and oversight mechanism of our military environmental protection from the law enforcement, particularly created the principle of military activities being coordinated with environmental protection from the legal principle, defined environmental impact assessment, cleaner production and eco-compensation system of the military environmental law from the legal system, determined the legal responsibility of violating the military environment law from the legal responsibility and in particular discussed the legislative issues of the military environmental law in wartime.