On The Application Of The Principle Of Environmental Protection Priority

Environmental protection as one of the basic principles of the Environmental Protection Law principle, which fully demonstrates the concept of sustainable development of the current environmental law, respect the laws of ecology, reflects the ecological justice, adjust the relationship between environmental protection and economic development. The principle in the abstract content on the cause of its existence some hardship in the specific application, and its application must accurately grasp: the concept of the scope of the concept of the principle of "environment", the principles of behavior "protection", the principle value orientation " Priority " concept, the principles governing the form of " principles ". In the specification of the principles applicable functions during a major means of environmental policy and environmental law embodied in the form of, but on the current environmental governance is concerned, the effect of that principle applies not satisfactory. On the one hand, on environmental policy, the principle of environmental priorities type influence policy making is not enough, environmental priorities based policy making scientific enough. The main government-led environmental policy implementation is too strong, profit-driven enterprises unabated, lack of public participation in a serious impact on the application of the principles. On the other hand, on environmental legislation, the current environmental law enforcement environment, environmental law and environmental law enforcement body the way hamper the enforcement of the application of the principle. Environmental justice process, the concept of environmental justice abstract, patterns and policies and the reality of departure, specific environmental laws and regulations in the judicial process, the defect can also hinder the implementation of the safeguards principle applies efficiency. To make this principle to play its proper role we must pay attention to the scientific and efficient implementation of environmental priorities based policy making. Improvements in environmental enforcement process environmental enforcement Environmental environment, pay attention to environmental law enforcement body, try multivariate environmental enforcement approach. Establish a judicial process in the environment protection priority of judicial notice, to influence environmental justice concepts, models and policies; improve the environmental public interest litigation system, promote environmental justice specialization guarantees the application of the principle.