On The Changes In The Value Orientation Of My Country's Environmental Legislatio

China’s environmental legislation originated from the "Common Programme" in 1949.After decades,China’s environmental legislation has been greatly developed.On the one hand,the number is increasing,and now there are more than 30 laws and regulations in force.On the other hand,the categories involved are also becoming more comprehensive.At first,the legislation mainly focused on pollution prevention and natural resources,and then added ecology,geen development and other categories.To this day,environmental legislation continues to bring forth new ideas,showing a dynamic trend.There have been many articles on the development of environmental legislation in academic circles.However,in the research direction,most of the relevant studies focus on describing the revision and formulation process of a lot of legislation,and pay less attention to the deep-seated internal evolution law.This is not conducive to enhance the overall and theoretical understanding of China’s environmental legislation.The value orientation of legislation is the baton of legislation.This paper will take the change of the value orientation of environmental legislation as a starting point to explore the evolution rule of environmental legislation in China.Therefore,this paper mainly uses historical research methods,normative research methods and interdisciplinary research methods to sort out Chinese existing environmental legislation.The historical research method is to explore the inner meaning of the legislators at that time through the background information such as legislative notes,relevant national normative documents,and the discussion of relevant issues by the head of the competent department,so as to better explain the intention of environmental legislation.The normative research method is to study the logic,structure and concept of environmental legislation text.The interdisciplinary research method is to use other disciplines such as history and economics to discuss environmental legislation.Finally,by studying the change of legislative value orientation,this paper studies the history of environmental legislation in China,which is a local legal resource,and proposes an evolution mechanism of environmental legislation in China.According to this evolution mechanism,this paper predicts the value orientation of environmental legislation in the future,and finally obtains the development direction of environmental legislation in the future.China’s environmental legislation can be divided into four stages of development,the first stage of which is 1949-1971.In terms of the Constitution,the value orientation of "Common Programme" is efficiency first,followed by intergenerational equity,but then the Constitution of 1954 deleted the intergenerational equity orientation.The orientation of natural resources legislation is efficiency first and then intergenerational equity.The orientation of pollution prevention and control legislation is efficiency first followed by health.The value evaluation standard of this period is the productivity standard,that is,whether it is conducive to the development of productivity.There are two reasons that affect the legislative value orientation in this period.One is natural science only recognizes the function of economic utilization because of the lack of understanding of natural resources.The other is the contradiction between the scarce natural resources reserves at that time and the heavy industry development policy.The second stage was 1972-1988.In terms of constitution,while insisting on giving priority to efficiency,the Constitution of 1978 vaguely reveals its pursuit of health.The Constitution of 1982 initially discussed personal dignity.In terms of comprehensive civil legislation,"trial draft" emphasizes efficiency,intergenerational equity and health.On this basis,Environmental Protection Law(Trial)adds the pursuit of personal dignity.In terms of natural resources legislation,forest legislation also vaguely reveals the new pursuit of personal dignity,and "water law" increases the pursuit of intra-generational equity.During this period,ecological legislation was added,emphasizing the priority of efficiency,supplemented by other value goals such as intergenerational equity and common benefits.The value evaluation criteria are productivity and humanitarianism.Among them,humanitarianism standard is to explore how to enrich people’s spiritual and cultural life with beautiful environment.There are three reasons affecting the legislative value orientation in this period: new ideas brought about by the United Nations Conference on the Human Environment,grain output per unit increased and increased supply of daily necessities.The third stage was 1989-2012.In terms of comprehensive environmental legislation,the legislation deleted the pursuit of personal dignity and re-emphasized the priority of efficiency.In terms of natural resources.legislation,while emphasizing efficiency,the legislation also began to pay general attention to intra-generational equity.The new energy legislation is based on the protection of energy security and efficiency,and supplemented by other value objectives such as health,intergenerational equity and common benefits according to the specific legislative type.In pollution prevention and control legislation,the priority of efficiency has been weakened,that is,from efficiency and health to health priority.The new green development legislation proposes a new value target ecological efficiency to replace efficiency.Unlike efficiency and intergenerational equity,which are competitive,ecological efficiency can be used to serve intergenerational equity.Ecological legislation gradually replaces intergenerational equity with efficiency as its priority.The value evaluation criteria are productivity and fairness.Among them,fairness standard is taking into account the environmental fairness between domestic people.There are four factors that affect the value orientation of legislation.The first is the reform of the socialist market economic system,which requires the allocation of natural resources by the market to maximize benefits.The second is the initial improvement in finance,so that there is room for legislation on compensation for ecological benefits.Third,China’s economic and social development has initially entered a new stage.China’s disadvantages in energy and resource development and utilization and the social impact of pollution events have been amplified.As a result,the pollution prevention and control legislation pays more attention to health,the new energy legislation begins to pay attention to energy security,and the new green development legislation begins to pay attention to ecological efficiency.The fourth is United Nations Conference on Environmental Development and World Summit on Sustainable Development,which have played a role in promoting China’s legislation to promote sustainable development.The fourth stage is from 2013 to the present.In terms of constitution,the constitution of 2018 integrates the existing environmental legislative value orientations of intergenerational equity,intra-generational equity,personal dignity and common benefits,and takes personal dignity as the priority orientation.In terms of comprehensive environmental legislation,Environmental Protection Law 2014 gives priority to personal dignity and health,followed by intergenerational equity,intra-generational equity and ecological efficiency.During this period,ecological legislation tends to be integrated.In addition to considering intra-generational equity and ecological efficiency,the new value goal of ecosystem integrity and stability is also included.Pollution prevention and control legislation takes health and personal dignity as the common priority orientation,and ecological efficiency and intergenerational equity as supplements depending on the specific type of legislation.In the category of natural resources legislation,wild animals legislation,while continuing to pursue efficiency and intergenerational equity,increases the priority of ecosystem integrity and stability,and also vaguely reveals the pursuit of interspecies equity.Seabed natural resources legislation extends the scope of intra-generational equity from domestic people to countries.The value evaluation criteria are green productivity,humanitarianism,ecosystem integrity and stability and fairness.Green productivity considers whether productivity is resource-saving type and environmentally friendly type.Ecosystem integrity considers the integrity of each ecological element and Resilience to natural and man-made destruction.There are three factors that affect the value orientation of legislation.The first is the level of material supply has been further improved,leading to the diversification and high-end of people’s demand.The second is economic development has entered the new normal,it is urgent to develop green economy.Third,Rio+20 promoted the dissemination of green economy.Based on the above three stages of environmental legislative value orientation changes and corresponding influencing factors,it can be seen that there is a legislative evolution mechanism of " factors of economic and social development-environmental legislative value orientation-practical legislative direction ".That is,factors of economic and social development affects environmental legislative value orientation,while environmental legislative value orientation affects practical legislative direction.The main factors of economic and social development has five points.The first is how much investment in environmental protection.Environmental protection investment will determine the implementation space of environment protection,thus affecting legislative value orientation.The second is the direction of national economic policy.Environmental legislative value orientation is committed to ensuring the realization of national economic policies,so when economic policies changes,legislative will also present different value orientation.Third,is the cognitive degree of environmental resources.The cognition of environment and resources in natural science will affect decision makers’ cognition of environment and resources,and then affect legislative value orientation.The fourth is the change of domestic social demand.Social demand will change constantly.In order to meet these changing social demand,legislative will timely change value orientation.The fifth is the trend of international environmental movement.While our country participates in international environmental movement,it will also be influenced by new ideas,which will affect legislative value orientation to a certain extent.Under the influence of the above five factors,environmental legislative value orientation will present the following development trend in the future.First,along with the country’s efforts to build green and low-carbon circular economic system,ecological efficiency will frequently appear in environmental legislation that may involve economic operation.In addition,as the relevant economic policies put more emphasis on the coordination between green transformation and other goals,ecological efficiency will frequently appear in conjunction with other goals such as common benefits.Second,as the state will increase ecological benefit compensation and modern technology will provide more wildlife substitute products,interspecies equity will be developed in related legislation such as wildlife protection.Third,our country will further pursue the "go global" strategy in the environment and resources field and continue to actively increase the participation of international environmental movement.So environmental legislative expands intra-generational equity,that is,safeguarding environmental fairness between countries.Fourth,with the development of ecological economy and the maturity of reuse of pollutants technology,pollution prevention will put more emphasis on resource utilization of pollutants,and intergenerational equity will be the value orientation of pollution prevention and control legislation.Fifth,because of the deepening understanding of Ecology and other natural sciences,environmental legislative will give more priority to ecosystem integrity and stability in the future.