Research On The Route Of Integrate Of The Study On Chinese Environmental Law

With the environmental issues becoming apparent increasingly andtending aggravation, the study of environmental law is also expanding anddeepening. Beginning with the1960s to the1970s, the construct of China'senvironmental legal system had begun to embark on the journey. At the sametime or even earlier, the theoretical study of environmental law also hadbegun a difficult start. Taking the participation in the1972StockholmConference as a real starting point, the study of Chinese environmentallaw has gone through40years.The research on Chinese environmental law involving a lot ofperspectives, and the scope is very broad. However, there is such a paradoxin practice: while a growing number of environmental theory,environmental institution and environmental law, the environmentalissues and environmental crisis continue to occur and even enhanced. Itforces us to reflect on the causes of this paradox? Some scholars presentedtheir own proposals from different perspectives, but the paradox has notbeen eliminated. However, the proposals offer us a reflective lever——path research, and a reflective direction——integration for theentire Chinese environmental law research.This article focus on the central question——"Research on theintegration path ". It includes that the necessity of integration, andthe selection of integration tool, and the feasibility of the integrationtools, the premise of integration, and the way of integration. The firstpart analyzes the problems of the study of Chinese Environmental Law,which is an important part of the necessity of integration. The articlesummarizes three aspects: First, the study on theories is "scattered";Second, the study on practice is "loose"; Third, the study onenvironmental law is not derived from China's reality.The second part is the analysis of the causes of the problems and thepredicament caused by the problems. Predicaments caused by the problemscan still be attributed to "the necessity of integration", and the purposeof discussion of the causes of the problems which is to find the "rootcause", that is the premise the selection of integration tool. Followedby the reason be analyzed from two different aspects between philosophyand legal. We can conclude that the causes of the problems are becausescholars ignored the regularity of the law and the practicality of thelaw. Predicaments caused by the problems include the lack of systematic,and impeding the development of the subject, and implementation processfilled with problems. To meet the requirements of the regularity and practicality of the law must rely on the research on human environmentalbehavior.The third part of the article is discussing why we choose theenvironmental behavior as the integrate tool, and the discussion in theperspective of methodology of the environmental law research. In otherwords, discussion is mainly on the aspects which scholars must face andsolve at the time of environmental law research. The aspects can be dividedinto those issues: fact judgment, value judgment, norms choice,legislative technical issues, legal application.The forth part of the article is to discuss the premise of theintegration, which is how to use the environmental behavior to achievethe goal of the integration of environmental law research. To make thisintegrated functionality come into play, it is a must to set up theconnection between the study of the theory and practice of environmentallaw and the environmental behavior. The connection needs to takeenvironmental behavior as a direct adjustment of environmental law object.Only by this way, the integrated functionality of environmental behaviorcan really be played.The fifth part of the article mainly focused on these issues: theconception of environmental behavior, how to define the environmentalbehavior and the scope of the environmental behavior. However, thisarticle does not attempt to define a clear conception of the environmentalbehavior. It only told the way to help define the environmental behaviorclearly and the direction of efforts. The way is to try to achieve thelegal expression of environmental behavior, and the direction is to definethe range of the legal expression of environmental behavior as clearlyas possible.At this point, the article for "research on the integrated path ofthe study on Chinese environmental law" can draw the conclusion: theresearch of Chinese environmental law needs to be integrated, and theintegration tool is environmental behavior, and the premise is to takeenvironmental behavior as direct adjustment of environmental law object,and the way is to make environmental behavior legalization.