Research On The Legislation Of Chinese Environmental Policy

Chinese environmental protect work has been entered into a period of complication. Part of the control aim at "The Tenth Five-Year Environmental Plan" was not achieved; including emissions of SO₂ did not fall but rise. The scientific concept of development can not be effectively implemented. On the one hand, sustained growth economic needs the support of natural resources; on the other hand, affordability of the environment has been get into the state of dangerous. Therefore, the urgent task is intensifying environmental protection efforts. Environmental policy as one of the traditional means can not be neglected because of its advantages. At the same time, our country does not have a basic law of environment, so lots of problems can not be effective solved in actual operation.This paper is under the guidance of The "Eleventh Five-Year" Plan for the Construction of Law and Regulations about Environmental Protection, which said formulate basic law - The National Environmental Policy Act. The research object is Chinese environmental policy. The research clues of this article are following the traditional model to the study, which divide into "put forward questions", "analysis of the questions", "solve the questions".At the stage of the "put forward questions", the author put in order about scholars' different understand of "Environmental Policy". Then proceed to point out that there are some leaks at the environmental policies, such as the system of decision-making, implementation, monitoring, channels of relief, and so on. Through the analysis of the mentioned problem, pointed out that the necessity of legislation on environmental policy. And formulation of Environmental Policy Act will help to resolve the above problems.At the stage of the "analysis of the questions", the author analysis the feature, function of the basic law. Through the dispute of academic about environmental basic law, the author put forward that it is propriety and practicable which the Environmental Policy Act targeted as the basic law of environment. Through expound the legislative experience of environmental policy about the United States,the EU and Japan, author think that beneficial experience can be study , which for legislative process of our legislative environmental policy.At the stage of "solve the problem", the author discusses two aspects: the legislative framework and the content of legislation, which at the perspective of legislation of Chinese environmental policy. As the choice of legislative framework, the author believes that Chinese Environmental Policy should be taken the type of entity. At the aspect of content of legislation, except tentative plan from The "Eleventh Five-Year "Plan for the Construction of Law and Regulations about Environmental Protection, the author put some point advices in view of current problems about Chinese environmental policy.