Review And Reflect The Environmental Law Of China "3-simultaneous" System

The generation of environmental management stems from the environmentalproblems. The system of three at the same time as one of the environmentalmanagement systems, refers to the facilities for prevention and control of pollutionin the construction project which must be designed, constructed and put into use atthe same time with the principal part of project. It is suitable for building, rebuilding,expansion project (including small construction project) and technical innovationproject in the field of China, as well as other engineering construction projects of allthe possible damage and pollution to the environment and natural exploitation, and itis throughout the main stages like design, construction and acceptance of theconstruction projects. In term of functions, the system of three at the same time isjust to emphasize the importance of in time and in place of pollution prevention,aiming to prevent the environmental pollution anytime, anywhere, and put forwarddifferent requirements during different stages. Prevention in the first place andintegrating prevention with control, as the basic principles in environmentalprotection act, is the important embodiment in the process of setting environmentalprotection system, the system of three at the same time can be said to be theimprovement of terminal treatment without conflicts with less pollution or nopollution of circular economy, as well as reflecting the requirements of reduction incircular economy, it plays an important role on the prevention and control ofenvironmental pollution. The practical results verify that the system of three at thesame time is one of the effective environmental management system in our country.However, along with the social development and the constant changes ofenvironmental protection concept, some new environmental management systemslike central management and clearer production have been put forward constantly.The system of three at the same time is not in good cohesion and integration withother environmental management systems. And these new environmental protectionconcepts are not well integrated into the system of three at the same time, so the problems exist in the separation of cohesion with environmental impact assessmentsystem and overlapping of discharge permit system and so on. Although the systemof three at the same time environment protection act has been developing, it stillfaces queries and challenges from central managements system. With the maturity ofour market economy, it pursues the maximization of benefit, the minimization ofinput, and the central management just reflects the mode of socialization andintensification in managing pollution, it highlights the minimization of enterpriseeconomic cost under the circumstance of market economy, but the system of three atthe same time requires all the construction projects, which have impact on theenvironment, should set up pollution control facilities, apparently, it is contradictorywith the central management. From the provisions of the system of three at the sametime in environment protection act, the paper analyzes the concept, content andlegislation purpose of it, and finds that the current system of three at the same timeexisting the problems that the concept is not clear, regulations are too scattered andacceptance of environmental protection is insufficient. The system of three at thesame time is not the soft law that whoever can violate. Through the analysis of theimplementation of the system of three at the same time, it found that the systemexists the over dependence on the law enforcement ability of environmentalsupervision and management departments in the process of execution, and lacks ofcomprehensive law enforcement measures. What’s more, the enterprise as the agentis in the pursuit of maximization of economic benefit, so illegal and low costs, legaland high costs is one of the important reasons for enterprise fails to perform thesystem of three at the same time.Starting from the problems have been found, from the different aspects likeimproving supporting legislation and personnel quality of law enforcement,strengthening the construction of hardware facilities for environment lawenforcement, integrating the system of three at the same time with otherenvironmental management, increasing the law-abiding consciousness of enterprise,then the author puts forward the strategies of improving the system of three at thesame time, hoping that it can make contribution to the implementation, formulatingrelevant laws and regulations of the system of three at the same time in environment protection act. So that it can improve the construction of ecological civilization andmake the construction of it into effect.