Research On The Domestic Implementation Of International Environmental Soft Law

Since the policy of reforming and opening to the outside world,China has made a long-term development of the cause of law.But the traditional development strategy of hard law can not completely solve the changeable and complex environmental problems.In order to enrich the system of environmental law,our country needs to rely on flexible soft law,this is also the reason for studying the implementation of international environmental soft law in China.The concept of soft law is still not unanimous in the academic circle,and domestic scholars have different views on the concept of soft law.The international environment soft law and the international treaty are different in law,creation and implementation,but the two are related and complementary.In traditional international law,soft law has not been seen as the direct source of international law,but it has played a role in the creation of legal principles.In view of the promulgation of the international environment soft law,this article was divided into three stages to analyze.Under the background of globalization and the great changes of world situation,due to the vigorously promotion and practice in Europe,the economic globalization leads to the globalization of environmental problems,resulting in the rapid development of international environment soft law.China is mainly based on the government-led,relying on hard means to regulate the way to carry out environmental management,which makes China is currently short of environmental governance body,defects hard law regulations,fails to form the concept of environmental protection,and improve the environment consciousness and ecological civilization consciousness,and there are urgent problems to be solved as well.It is necessary to carry out the international environmental soft law in our country where the environmental pollution and its protection pressure has become increasingly serious.The international environmental soft law has had an important influence on the field of international law.Implementing international environmental soft law in China is adapt to the international trend,provide guidance for China's legislation and form the competitive advantage in the international environment,so as to promote the development of China's environmental legal system as well.Due to the special nature of the international environment in the formulation and effectiveness,how to implement the international environmental soft law is also worth exploring.First,follow the principle of causing damage to the environment or areasbeyond the limits of national jurisdiction,the principle of international cooperation,the principle of sustainable development,the principle of prevention and common but differentiated responsibilities,the principle of under the jurisdiction of the state,using independent choice,conditional,national legislation to protect the implementation,regulate the implementation procedures of international environmental soft law,to perfect the supervision mechanism of international environmental soft law,to balance the relationship between domestic environmental law and international environmental soft law,achieve the coordination of environmental soft law and hard law,improve the environmental law in our country through the implementation of international environmental soft law,and to protect the global environment better.