The Research On China’s Environmental Protection And Financial Transfer Payment System Legal Problems

Along with the economic and social development, since1950s, environmentproblem has increasingly become the important problem which has bad influence toeconomic and social development, got the attention of all over the world. In the1980s, the strategy of sustainable development as a new world view, got the response ofevery country in the world. In China it became one of our basic state policy. But, asthe world’s largest developing country, in the primary stage of socialism, the cost ofenvironmental damage for the rapid development of economy becomes a kind of waythat is hard to avoid.,China issued a lot of environmental laws, regulations andenvironmental policy, proposed the "prevention, prevention&treatment combinationand comprehensive treatment" protecting the environment as a basic principle, tomade clear of the main environment responsibility. But environmental problems stillconstraints become an important factor of economic development in China.In theory, in recent years,"the environment right" is widely mentioned, the worldexperts have many different readings about the definition and characteristics of theenvironment right,. In our country, there are three main ideas, Cai Shouqiu autumn"environment is legal rights", Lv Zhongmei "environment right is the basic right ofcitizens", Chen Quansheng "environment right is a new type of human rights". Abovethree views, I agree with Lv ZhongMei ’s point, the environment right is one of thebasic right of citizens, in order to make up the traditional legal theory and the lawsystem of environmental protection in defects and shortcomings. To make surecitizens have a healthy environment in life.As mentioned above, since the environment right is a citizen’s basic right, ifsomebody damage the basic right of citizens, they should bear the legal liabilitycaused by corresponding legal. Which is including civil liability, administrativeliability and criminal liability in China, after the punishment on the destructor, fines,warning, or in jail, can the destruction of the environment get repaired? This is aquestion we should think about. At present, the research of this aspect in China is still less, so it is also my innovative point. I think that, the environment is a typical kindof public products, the environment right is the basic right of citizens, public productswere destroyed and the protection of the citizen’s basic right is need cost. In China thebasic function of financial is to provide the social main body and protect the publicproduct, to protect the citizen’s basic right. From this point, in environmentalprotection, finance have the effect that cannot replace. In addition, in the backgroundof public finance, financial transfer payment system is an important part of thefinancial system, as a financial balance system, financial transfer payment hasoptimize the allocation of resources, balance the development of different areas, andlead flow of capital function. This shows that financial transfer payment system andenvironment protection law contains the same constitutional idea: to maintain socialharmony, the pursuit of fairness and justice, implement of democracy and the rule oflaw spirit. So, both cooperate with each other, whether for environment to the solutionof the problem, but also to the improvement of the system of financial transfer whichvery active role.Based on the analysis of the background and basic theory, under the premise of theanalysis of our country’s environment transfer payments, by studying theachievements and experience of outstanding achievements in environmental transferpayments. I use reference foreign experience, and combed the actual condition of ourcountry, put forward the constructing environmental financial transfer payment legalsystem suggestion.This paper includes five parts, the first part is the environment of the presentsituation of legal protection in China, and the cause of environmental problems, legalcountermeasures and existent problem, put forward the concept of environmentalright, and points out that the environment right maintenance need financial transferpayment support. The second part is about the interaction of environment protectionlaws and the transfer payment system. Both of them get the same constitutional ideas,and both can promote each other perfectly. The third part analysis financial transfer inenvironmental protection of the present situation and the existing problems and thenanalyzes the reasons. The fourth part, examine foreign advanced countries (the UnitedStates, Germany, Canada, Japan) in financial environment of transfer of advancedmethod and experience. The fifth part, learn from foreign advanced experiencefoundation, with the reality of our country national condition, proposes theestablishment and the perfect environment financial transfer payment legal system suggestion.This article take the theoretical analysis, historical analysis, comparative analysis,induce deduction method, in line with taking the theory as the guide, to compare theanalysis method as the main means, to solve practical problems as the principle of animportant goal. Strive to explore a set of relatively complete environmental financialtransfer payment system for China’s environmental protection work tomorrow. Theinnovation of this paper has three points: firstly, take the lead in the connection ofenvironmental protection and financial transfer payment system. Secondly, in view ofChinese unbalance state in environmental regional protection, I think our countryneed to increase the lateral financial transfer payment system, perfect the transferpayment system. Thirdly, I am the first person to attempt to build environmentfinancial transfer payment legal system. But limited to my shortage of experience andknowledge, this paper has many defects; it is still need to be further perfected...