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On The Development Of Environmental Protection Industry And The Renovation Of Environment Law In China

Posted on:2006-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z J TuFull Text:PDF
GTID:2166360155472700Subject:Environment and Resources Protection Law
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Environmental protection industry is a new area of economic increase and attracts attention more and more. Organization for economic cooperation and development, shortened for OECD, says EPI is most valuable as same as biology technology and message technology. EPI is regarded as the morning sun of new age in our country. However, the rise of EPI compared with other economic branches is not caused by customers'consume but externality of economic action. In the beginning of growing, EPI was based on environmental policy by government, not simply on supply and demand of environmental products and services. According to the demand of public to the environment quality, the government institutes environmental law, inducts environmental behavior, punishes environment destroyer, consequently forms market relation among environment destroyer, environmental products and services'offering man and customer, drives the rise and increase of EPI. The development of EPI requires we quicken building of environmental law. In order to provide demand space for the development of EPI, we shall perfect environmental lexes, strengthen environmental standard, confirm environmental responsibilities, innovate environmental taxes. This thesis commences on the status of EPI, discusses the relation between EPI and environmental law, advances the renovation of theories and systems of environmental law, then ensures and drives the development of EPI. The key point is that EPI accelerate the renovation of law, the law lead and restrict farther development of EPI. There are four parts expect introduction and conclusion. Their mostly content is as follows: The first part is "commonly analyses of EPI". EPI is a floorboard of environmental protection industry in national economy. It is for preventing and curing environmental pollute, improving environment, protecting natural resource. It is including technologic exploitation, production, merchandise circulation, resource using, information service, project contract, natural protection exploitation and so on. It is technology guarantee and material substance of preventing environmental pollute and protecting environment. It is a new all-around industry, having a few peculiarities of multi-zone, multi-way, multi-department. The rise of EPI is inevitable and necessary. The background involves policy factor, market requirement and industry support. The theory basic comprises environmental economics, industrial economics and persistent development theory. This section also analyses the actuality of EPI and forecasts the trend of development of EPI. The second part is "requirement of EPI to environmental law". It tells current limitation and shortage of the environmental law, based on appraising the status of the theories and systems of law, and expounds the challenge to the environmental law in the process of the development of EPI. There is the relationship of good exchange between the development of EPI and the renovation of the environmental law. So the environmental law shall evolve in the direction of both win on the development of EPI and the progress of the environmental law. The third part is "theory renovation of the environmental law". The renovation of the environmental law begins from theory cause theory is the basic of the law system. More advanced the theory is, more consummated is the system. Above all, the guideline is important to the building of theory like a flag. Persistent development should be the guideline of the environmental law, coach environmental behavior from ecologic durative, economic persistence, societal continuance. Next, principia are vital. We should deepen the principle of "giving priority to prevention, combining prevention and cure, synthesizing administer", change "who pollute, who administer"to "pollute-maker burden", and strengthen "public participation". Finally, we should newly understand environmental legal relation, reflect traditional viewpoint and extend the meaning of environmental legal relation. The fourth part is "my thought on the legal system of EPI". The environmental legal system is the carrier of the environmental law. It not only reflects and embodies legal spirit in the guideline and the principia of the environmental law, but also behaves the practical meaning of legal norms. On the renovation of the environmental law faced to the development of EPI, it's important of perfecting the legal system based on the quondam. There are three aspects covering legislation, executing and outfit system on perfecting the legal law in the process of the development of EPI. Firstly in the side of legislation, perfect the legal system, especially establish the right of the resources, reinforce the environmental standard and expand the responsibility of the environmental law. Secondly in the side of executing the law, the administration should lawfully execute the law, supervise the environmental behavior and punish the illegal action. In the end, make use of the mixed regulating mechanism and the environmental tax. Today we should open up the content of the environmental law in order to develop and evolve the environmental protection industry.
Keywords/Search Tags:the environmental law, legal system, environmental protection industry, persistent development, renovate
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