The Study Of The Adjustment Mechanism Of The Environmental Law

The Civil Law as a basic law under the conditions of market economy， which superiority is thesymbol of "freedom，""equality" and "rights". Private rights is the supreme powers and in principle，the State public authority to be intervened in the market. Blessing under the Civil Code "Laissez--faire"market mechanisms brings not only great material prosperity， but also unprecedented environmentalpollution and resource destruction，that is “market failure” where presented the field of environmentalprotection. Market failures，provides a reasonable opportunity for the government administrativeintervention and regulation of the Administrative Law，therefore，Government shift from passive "nightwatchman" to active "intervention". However，the problem of "government failure" also exists. Thedynamic development of modern society puts forward higher requirements to the relationship with amore reasonable position between the government and the market. In the face of solving the plight of"double failure"，undoubtedly，reasonable combination of market and government forces in order to helpand cooperate with each other，is a kind of innovative thinking.The growth and evolution of environmental law adjustment mechanism and the formation andindependent process of environmental law synchronization，both of them reflect modern mountingdemand for legal system of environmental resources. Environmental law，belonging to the third lawfield--social law，is different from the traditional private law and public law on considerations， oradjust the mode，the value target，when at the beginning of its produce. Environmental law was a blendof unique adjustment means between public law and private law，and filled the blank caused by publicand private law antagonism and department division， which has overcome the aspect aboutenvironmental problems adjustment from civil law and administrative law.As a market-oriented self-regulation and incentive mechanism adopted by the government，thestimulus mechanism is a combination of market freedom and government intervention，and its effectiveoperation have played a huge role on overcoming "market failure" and "government failure"，coordinating the relationship between government.enterprise and market， promoting the harmoniousdevelopment among environment. economy society and so on. The stimulus mechanism is theaggregation of a series environmental economy methods，mainly including pollution charges，environmental taxes，emissions trading，the deposit--refund system，environmental liability insurance， green credit，subsidy，etc. Globally，because of the low cost，low risk，high efficiency，combiningclosely with market mechanism，effectively raising money and saving the cost of law enforcement bygovernment，economic means more and more widely applied in the field of environmental management.Corresponding to focus on developing market economy in China，the environmental management policyby mainly relies on administrative means to focus on using the economic means to change is aninevitable trend. Due to the economic transition in China is not too long，the market system is notperfect，and many other factors，our attempt to environmental economic instruments are very limited，the regulations implementing is still in infancy. Therefore，on the basis of learning from the advancedexperience from foreign countries，China should improve the economic incentives on environmentallaw，and use economic instruments to enhance environmental governance.