Research On Incentive Mechanism In Environmental Law

The increasingly environmental issues have already produced effect to the economic development and public health,traditional and simplified commanding environmental model had more and more limitations,the government hopes pursuing a flexible management to make up for shortage and to better address environmental issues.Many countries which developed in the environment field has applied incentive mechanism and made achievements.It has inspired Chinese environmental policies which set off the upsurge in legal incentive mechanism research of environment.In our country,the Constitution and Environmental Protection Laws etc.has made stipulation to promote the incentive mechanism.So it cause different incentives such as economic incentives,rights incentives,award incentives and education incentives.Incentives mechanism has development rapidly in China,it is essential that we summed up the status and problems,so that they can give full scope to environmental protection.Firstly,this article combed the legal basis of the incentive mechanism in Chinese environmental law,the model has some features,the following features were found:instructive,market autonomy.abstractness of contents and the imbalance of the allocation of rights and obligations.Secondly,according to the legislation and practice states,this article pointed out the problems in Chinese incentives mechanism,such as:implement external environment is poor,scope of application is narrow,execution procedures and standards is vague and the guarantee mechanism is inadequate.Lastly,based on the above problems,suggestions are put forward:optimize the implement external environment,expand the scope of implementation,refine implementation procedures and standards and perfect the guarantee mechanism.This paper hopes through the above research to get some useful suggestions about incentive mechanism in environmental law.