A Study On The Construction Of Environmental Planning Law

Environmental planning is the product of dealing with environmental issues. Itcan be defined as “For the purpose of environmental protection, and within therestraints of environmental capacity and environmental carrying capacity, a countrymakes a certain overall deployment to a geographical area and the behavior ofenvironmental utilization in a certain period.Environmental planning is an indispensable tool to solve environmentalproblems for the following reasons:First, the nature of environmental problems asks us to restrain our behaviorwithin the limits of environmental capacity and environmental carrying capacity.Environmental law itself can’t guarantee the effect of environmental protection. TheCondition and Elements of law rules has not prescribed the limits of environmentalutilization in advance, and even if each individual follows the legal requirements, thetotal amount of human behavior and its influence should still exceed environmentalcapacity and environmental carrying capacity. We have to rely on environmentalplanning as a measure to solve such problems fundamentally.Second, the environmental damage is irreversible, sympathetic, continuousreactive. Those characteristics determine prevention is more scientific andreasonable than afterwards relief. Environmental planning sets the limit of ourutilization of the environment in advance, and then assigns the limit to differentpeople. This effective method can ensure that our total amount of behavior and itsinfluence won’t exceed environmental limitation.Thirdly, the task of environmental protection is to protect and improve theenvironment, prevent and control pollution and other environmental damage,safeguard human health, realize the harmony between and nature. Environmentalplanning submits to the requirement of ecological civilization. It is the product ofhuman reverse thinking. It defines the limitation of environment in advance, and then resigns such limitation to everybody. So the results of human behavior and itsinfluence cannot breach environmental limitation. The reverse arrangement canguarantee the effective implementation of environmental protection task.Environmental planning is composed of many interrelated elements. Theseessential elements are known as basic elements. The basic elements include goals,main body, methods, procedures and security. The goals of environmental planningare the core content, and determine environmental quality in the future. The mainbody includes planning-makers, approval subject, implementation subjects, andsupervision subjects. The means of environmental planning include environmentalinvestigation, environmental assessment, environmental function zoning,environmental prediction, etc. Environmental planning is based on a certain way andorder. It can be divided into enacting formula, approval process, implementationprocedures, modifying process, and supervision procedures. The operation ofenvironmental planning relies on the proper organization, sound social institution, andessential technical and secured funding.The operation of environmental planning cannot do without the guarantee oflegal system. First of all, the legal system which is the guarantee of environmentalplanning objectives has great authority. Second, the eligible subjects of environmentplanning need to be set in law. Because law can make clear the power, the duties andresponsibilities of planning-makers, approval subject, implementation subjects, andsupervision subjects. Third, the means of environmental planning must be set inaccordance with the law in order to avoid unreasonable restriction. Finally, theoperation of the environmental planning needs legal procedures’ protect.Environmental Planning Law is essential to protect environmental planning’simplication. The legal value of this law is compulsory standard. Determiningenvironmental capacity and environmental carrying capacity is a compulsory set, andthe distribution of the environmental carrying capacity is assigned for duty. Thelegislation purposes of Environmental Planning Law are to strengthen themanagement of environmental planning, protect environment, and promote theharmony between human and nature. To achieve those purposes, Environmental Planning Law should insist on environmental protection priority principle, preventionprinciple, caution principle, human and nature harmonious principle, and publicparticipation principle. The basic content of this law should include environmentalplanning making, implementation, modification, supervision and inspection, and legalliability.