On The Legitimacy Of Environmental Law

Under the background of environmental crisis,environmental law is responsible for protecting the environment,its legitimacy can't be questioned.But while the environmental law is booming,our environment continues to deteriorate,the environmental justice movement as one falls,another rises,environmental group events increased year by year,environmental law did not achieve satisfactory effect,environmental law is in danger of being empty and marginalized,these are legitimacy problems of environmental law must consider and respond.Environmental law is in the legitimacy of constantly questioning and respond to grow.The first chapter is introduction.This paper pointed out the selection background,the main research contents and research methods,the domestic and foreign research review,the innovation of this paper.The second chapter is the theoretical analysis.Analyze and semantic the meaning of legitimacy,it points out that the legitimacy of environmental law is a subjective value judgment based on the objective effect of environmental law.The legitimacy of environmental law is mainly composed of three basic dimensions of value,form and fact.We should explore the legitimacy of environmental law from the three dimensions of value,form and fact by using natural law,analyzing empirical law and social law as the theoretical basis.The third chapter discuss the value legitimacy of environmental law.This chapter examines the legitimacy of environmental law from the perspective of environmental justice.There is a certain conflict between environmental protection and environmental justice,environmental law can't equate with justice,environmental justice is the core value of environmental law to pursue,is the cornerstone of the legitimacy of environmental law,under the perspective of environmental justice,we can find that the value legitimacy of environmental law is insufficient.The fourth chapter discuss the formal legitimacy of environmental law.The main manifestation of environmental law is enactment of law.The formal legitimacy of environmental law,first is the legitimacy of environmental legislative power,followed by the legitimacy of environmental legislative process,and finally the legitimacy of environmental law content.The existence problem of environmental law form,mainly refers to the problem of environmental legislative power,environmental legislative process and environmental law content,leading to the lack of formal legitimacy of environmental law.The fifth chapter discuss the factuality legitimacy of environmental law.The factuality legitimacy of environmental law is established primarily through the effective implementation of environmental law.People of all walks of life feel the benefits of environmental improvement and fairness and justice brought about by environmental law,the recognition of the legitimacy of environmental law,and gradually generate environmental legal belief.Environmental legal belief is the ultimate destination of environmental law legitimacy.There are many problems due to the implementation of environmental law,leading to the lack factuality legitimacy of environmental law.The sixth chapter discuss how to make up for the lack of legitimacy of environmental law.According to the existing problems in the form,value and fact of environmental law,the paper puts forward the coping strategies to make up for the deficiency of the value,form and fact legitimacy of environmental law,and then to make up for the legitimacy deficiency of environmental law.The last is the conclusion of this paper.The legitimacy of value and form and factuality are three-dimensional one and indispensable.Legitimacy and environmental law accompanied by,in the interrogation of legitimacy,environmental law is bound to sustainable development,The ideal environmental governance to good law and good governance.