The Study On The Value Of Environmental Custom Regulations In Modern Environmental Legislation

This paper takes the study on the value of environmental custom regulations in modern environmental legislation the as the theme,combined with the imminent environmental problems,used with jurisprudence method to analyze the big background of environmental legislation.Currently,under the enacted law centralism,the environmental custom regulations have theirs own unique value and function,and as a national derivation of environmental laws also has the insufficiency and flaw.Learning from foreign advanced experience and system,I demonstrate the generation and development patterns of environment custom regulations and laws under the specific conditions of our country,trying to state the theoretical contribution and practical application of environment custom regulations,aiming to look for ways to make up for it.The first part illustrates the plight of the modern environment legislation under the enacted law center perspective.At first,diversified law is the inevitable developing trend of Chinese law;secondly law transplantation in the process of the "import" has produced many problems in the social life;finally in the operation process of the law,especially in the implementation of the enacted law,actual effects are not the same as envisioned by lawmakers.The first chapter mainly describes the big macro background,which is intended to pave the way for the other chapters.The second part mainly depicts the presentation of environmental custom regulations and the theory contribution to the modern environmental legislation.As far as it is concerned,the occurrence reason of environmental custom regulations is the forming elements and unique value.Discuss the environmental custom regulations and realistic possibility from the macro level.Starting from the analysis of jurisprudence,the legal discovery in the judicial process as the main research methods of law,further demonstrates the theory tribution of environmental custom regulations for modern environmental legislation.The third part elaborated the environment custom regulations "participate" into inside and outside the domain of modern environmental custom regulations.From the foundation of the validity and confirmation,objectively evaluate the practical application within and outside the area,from the perspective of epistemology,where we draw out the diverse values of environmental custom regulatons.Combined with the unique functions of environmental custom regulations,we discuss the modern value of environmental custom regulations under the social law culture.The fourth part mainly from the rational aspects of modern environmental legislation in the realization of the value,is the core part of this thesis,describing the participation and interaction mode between the environmental law and the environmental custom regulations,namely that the environment law takes in the standard value elements of environmental custom regulations and the environmental custom regulations actively take part in the environment formulation law.The fifth part,from the foregoing description to the content,extends the contentexpansion of environmental custom regulations in environmental legislation,the contribution to environmental legislation value and ideas,nvironmental public participation mechanism,and the governance mechanism of local environmental resources.It is hoped that from the easy to the difficulty,this thesis can lead to the purpose of the creation of it,and finally take all the theories of it into the practice of environmental rule of law.