Some Ponders On Improving Environmental Protection Law Of The People's Republic Of China

When stepping into the 21st century and recalling the human history, we are composed of cheer and anxiety. It is honor felt than anything else that the planet, on which human beings subsist and generate is suffering terribly from environment pollution, nature destroying, resource exhausting, acid rain prevailing, global warming, breaking of ozonosphere atmosphere, etc. It is also the very human beings who bring about the subsequences that threaten not only their own health, existence and development but also the planet's fate. As a result, the United Nations Meeting on Human and Environment was hold in Stockholm, Sweden in 1972 and came up with the ' United National Declaration on Human and Environment.' It is the first time human put the environmental issues into discussion equivalent to international political events. Afterward, Environment Protecting (EP) had a definite denotation and had been launched and increasingly emphasized as a term. Meanwhile the law on EP emerged and refined in different countries as the development of their law and system. In china, the first rule on EP puts us on trace to Yin period and fixes ahead among countries in EP setting history. Nevertheless, we lagged far behind in contemporary law composing on EP to western countries.As well-known, Chinese current 'Law on Environment Protecting' (LEP) is the improvement of previous 'LEP on testing. There are much modification, addition, supplement and proper deletion in the new copy's structure, items and content. So far some specified rules on environment and recourse protecting (ERP) have been composed ( or corrected and improved) as the result of domestic efficient reformation on policy and economy state. On other words, the basic rule and systems on ERP are formed and play a important role on EP and economic construction. However, as the development of marketing economy and reforming and opening policy, some out-off-date problems come out of the LEP. Therefore, LEP needs improvement urgently.According to foreign countries and domestic environmental situation, the paper is proposed as an analysis to the issues listed above. It will put forward the feasibility of the improved one, some systematical demonstration such as on environment and resource definition, its new name and status in law scale, purpose of composing a law, basic rule and system. And last comes the improving proposal. The paper mainly aims at revising the current LEP into the efficient and feasible 'Environment and Resource protecting Law of the Republic of China'. New Law is proposed on base of continuous developing theory and scientific developing concept. Of course, the Law is expected to be carried out undergoing the various procedure of People's Representative Conference. The author hope the new law could contribute to China's legislative system and economic construction as a valid theory and consultant.