The Research On The Law-abiding In The Establishing Of Environmental Rule Of Law

Environmental issues not only related to the contemporary, but also to future generations of sustainable development.However, humans blindly greedy to the nature of the solicitation and destruction, serious damage to the environment, with the emergence of increasingly serious environmental problem, formulated by the state environmental laws to protect the environment has become the consensus of the people.Environmental laws in China started in the1980s, after years of unremitting efforts, has achieved good results,and form a certain size and system.However, with the increasing environmental problems, China’s existing environmental laws is obvious inadequate,obviously, there is a certain relationship with environmental laws,but the main reason is the law is not obeyed effective.No matter how good the law is, if the law not obeyed effectively, then the law is useless, becomes meaningless, the realization of the rule of law will also become a fantasy.Therefore, law-abiding plays very important role,it is the core and key links of the achievement of the environment rule of law.However, our law-abiding is not optimistic, there is a lot of problems.Therefore, it is necessary to explore the environment law-abiding mechanism to seek more perfect law-abiding mechanism of response to earlier and faster realization of China’s Environmental Law.In addition to the introduction and conclusion the article is divided into four parts:The first part is the definition of the concept of the Environmental Law and its analysis on the relationship between law-abiding and the environmental rule of law.The article adopt the concept of the rule of law on the environment of the ancient Greek philosopher Aristotle discussed the concept of the rule of law:"the rule of law should include two senses:the good law is obeyed effectively, the law we obeyed should itself good laws.’The Environmental Rule of Law means put the environmental protection into the rule of law. law-abiding plays an important role in the establishing of the environmental rule of law,it is the level of consideration of Environmental Rule of Law standards,the value basis、the spirit of power and the important part of the Environmental Rule of Law. The second part is the analysis of law-abiding mechanism.First proposed the concept of law-abiding、subject、content、status、principles and necessity, and then analyze the factors that affect law-abiding,including the deterrence of the law、social pressure、the habit of obedience,、 the level of morality、self needs、the amount of legal knowledge and the the quality of legislation.The third part is the analysis of the realities of law-abiding and its analysis of the causes.Law-abiding of citizens is not efficiently to exercise their own environmental rights、lack of environmental laws to regulate their own consumption behavior, lack of awareness of the importance of environment.Law abiding of enterprises don’t abide the Environmental Impact Assessment System、don’t abide the Clean Production System,and deliberate violation of environmental laws.Law-abiding of Administrative law enforcement peoples abuse of power, the barbarism of law enforcement, abuse of power, do not perform their statutory duties, the fear of power, poor law enforcement, to exclude themselves outside the law-abiding main range.The reasons for the realities are including the environmental laws are not perfect、the environmental laws are not understanding so enough、the sense of abiding environmental laws is weak especially administrative law enforcement peoplesThe fourth part is the analysis of how to improve the law-abiding mechanism in the establishing of the environmental rule of law.First of all,the citizen’s environmental education should be strengthened、view of consumption should be established correctly、practice of environmental protection of public should be expand to improve the level of environmental awareness of the public to promote law-abiding.Then should be give more education and help to the managed object、publicize the successful stories of the law-abiding to the managed object、 work out more economic stimulus programs、enhance their own environmental management capacity、get more support of the public to make the programs more effectively to promote law abiding.Finally,should be improve the environmental responsibilities of criminal、civil and administrative to promote law abiding.