On The Interaction Of Transnational Private Law And National Law System In Environment Protection Area

With the continuous expansion of globalization, the communication among countries in trade, environmental protection, labor, human rights and other aspects becomes more frequently, while new problems they facing also grow. There are many defects in the traditional system of national law, has not fully adapted to the needs of the current global economic and social development. At the same time, independent international private law developed by some non state actors is playing an increasingly important role, especially in the field of environmental protection. Because of the complexity, long-term and global characteristics of global environmental problems, different countries have to cooperate to deal with it. However, environmental problems involves the interests of all countries, it is difficult to reach agreement, many international environmental protection laws and regulations need a lot of countries negotiate facing difficult problems in negotiation, force and execution.The deterioration of global environmental becomes more and more serious. Protecting environment relates to human survival and development, the international community has to take actions. The transnational private regulations made by non international actors can play a complementary role to national law system, even replace national law in some cases, while at the same time, national law system plays an important role in the relations between the two systems. Transnational private law has limitations, for example, lack of legitimacy, but can be recognized by the national law system and obtain compulsory execution, and improve legitimacy deficiencies through reference of the formulating and decision process of international law. Therefore, transnational private law and national law system have to cooperate, in order to promote maximum exert its function. Good interaction of transnational private law and national law has great significance to solve the current problems the global community face.This paper is divided into six parts. The first part is about the theoretical foundation of the transnational private law and defines the concept of transnational private law.The second part is the summary of the related literature on transnational private law. Through combing the domestic and international research on the field of environmental protection of transnational private law, the author puts forward the research innovation and value.The third part is about the current situation of environmental protection field of transnational private law and the reason for the rapid development of transnational private law in this field. This part summarizes the defects of the traditional law system. It is because of the presence defects of the traditional law system, it can’t competent to solve the increasingly serious global environmental problems. While non-state organization and its rules are playing a very important role in complement and alternate traditional law, receiving the attention in the global environmental protection process.The fourth part of the article focuses on the role of transnational private law to the national law system. This part is discussed from three aspects, one is the role of transnational private law on international environmental law and other hard law, mainly the complementary role, and sometimes can play a substitute role. Second is the role of transnational private law to the international soft law, mainly to harden the soft law, make it more efficient. Third is the role of transnational private law to international organizations, non state actors participate in the WTO and other international organizations, bring good effects to the healthy development of the international organizations, some transnational private law also absorbed into the rules of the international organization.The fifth part mainly expounds the role of national law system on transnational private law. Although the mechanism of the transnational private law is an independent system, the transnational private law is not perfect, it needs the state law system. In fact, the transnational private law has certain limitation, facing the question of legitimacy. The strict procedures of national law system can provide references to transnational private law, making it more legitimate, more effective.The sixth part of the article will introduce the application of transnational private law in the field of environmental protection in China. China is the largest developing country in the world, becomes more important in the international community recent years, and bears more responsibility at the same time. Environmental protection NGO and other non-governmental organizations promote China’s environmental protection work through various forms, and also played a very active role in the development of transnational private law in our country. Transnational private law brings both challenge and opportunity to China. China’s environmental protection work must accept the rules to integrate with the international community; China should pay attention to these private organizations and their rules, and constantly improve the legal system of environmental protection. In the formulation of environmental protection laws and regulations, China should in line with international standards.