Research On Legal Issues Of Environmental Quality Standards

Environmental quality standard is to protect the environment and public health,on the basis of environmental benchmark,comprehensive consideration of social and economic development and technical requirements and other factors,the environmental benchmark value made to reduce,improve or maintain the technical norms.It can be used to measure the quality of the current environment and define whether the environment is polluted.In environmental law,the study of environmental quality standard mainly focuses on the application of its law.Applicable law issues on the study of the environmental quality standards,the first to focus on the question of environmental quality standards for its scientific nature,at present,our country environment quality standards are still a lot of problems,concrete embodiment in the loss of environmental benchmark,pollutant is not sound,standard revision,etc.,not in time to solve these problems need to rely on the government to play a leading role,aggregate the social main body participation,actively carry out environmental benchmark study of science.At the same time,we should actively learn from the advanced experience of foreign countries,accelerate to make up the gap in this respect in China,establish a regular revision system of environmental quality standards,and constantly improve China’s environmental quality standards.Specific applicable law in the environmental quality standard,first of all should be clear,the environmental quality standards do not have legal attribute,the policy and procedures and regulations have a difference,at the same time,environmental quality standards has no legal force,there is no mandatory binding,function is the main way of the is quoted by law to be part of the law.Secondly,it is necessary to clarify the relationship between environmental qualit standards and laws.Environmental quality standards and laws support each other.Environmental quality standards provide a clear basis for the implementation of laws,and laws provide coercive force and binding force for the implementation of environmental quality standards.Finally,environmental quality standards have applicable functions in the fields of environmental legislation,environmental administration and environmental tort.In the field of environmental legislation,environmental quality standard is the goal and fundamental basis of legislation.In environmental administration,environmental quality creates the obligation for the government to meet environmental quality standards and for others to protect the environment.In the case of environmental tort,the applicable function of environmental quality standard should be discussed according to the situation.In the closed material pollution,environmental quality standard represents whether the environment has been polluted or not,so as to judge whether the actor needs to bear the tort liability.In the case of flowing material pollution,the standard of environmental quality means that the environment is not polluted,and the actor does not need to bear tort liability.Excess environmental quality cannot prove whether the environmental pollution is caused by the actor’s polluting behavior,nor can it be determined whether the actor needs to bear liability.In energy pollution,environmental quality standards have applicable functions.Exceptions in environmental quality represent the pollution caused by the pollutant discharge by the actor,and the actor needs to take responsibility;otherwise,he does not need to take responsibility.The main research object of this thesis is the legal application function of environmental quality standard,including the scientific nature of environmental quality standard,the legal attribute of environmental quality standard and the specific application of environmental quality standard.Through the above research,the paper puts forward solutions to the difficulties in the application of environmental quality standards,especially in the application of tort liability for environmental pollution.