Study On Soft Law Governance In Environment Protection

Many fields are carrying out the research on soft law,but in the field of environmental law,scholars have little research on soft law.The current situation of ecological environment damage,the change of environmental protection situation,the increasing environmental awareness of the public,the demand of all walks of life for new environmental governance model and the people's yearning for a good ecological environment require us to constantly reflect on environmental law governance.We should innovate the existing environmental governance model,enrich the means of environmental governance,expand the scope of participants in environmental governance,especially take seriously the large number of existing and effective soft laws in the field of environment,and finally achieve good governance of environmental problems.In the new era,the mode of environmental public governance has become an inevitable trend of environmental governance,and environmental public governance calls for the governance of soft law.At the same time,the traditional mode of environmental governance relies on hard law to face endless environmental problems,which constantly exposes its disadvantages and shortcomings.Introducing the maturing soft law theory into the field of environmental protection.By virtue of the unique advantages of soft law,it can enrich the means and forms of environmental governance,covering areas beyond the reach of existing hard law regulation.It can not only promote the realization of environmental protection objectives,but also improve the research on soft law,and to a certain extent,meet the needs of environmental public governance for good law and good governance.This paper first discusses the basic theoretical problems of soft law,such as its concept,characteristics,distinguishing standard from hard law and definition of environmental soft law,and then analyzes the reasons,process and connotation of the rise of soft law governance in detail,then discusses the manifestation of environmental soft law in China's environmental governance,and then finds out the existing problems of environmental soft law governance,and gives thecorresponding solutions.Finally,it points out that due to the limitations of soft law,some problems and shortcomings appear in environmental governance,so we should pay attention to both the application of new soft law and the traditional hard law in the process of environmental governance.What is most suitable for China's national conditions and the needs of environmental protection is the environmental public governance system that takes the government as the leading role,enterprises as the main body,social organizations and the public as the participants,realizes the harmonious unification of soft law and hard law,and cooperates with each other,divides work and cooperates,"both soft and hard".Only by the effective connection and integration of the new soft law and the traditional hard law can the role of the soft law and the value of the soft law be brought into full play in the process of environmental governance.Under the mode of "both soft law and hard law",the vitality of the soft law can be demonstrated,the means of environmental governance can be enriched,the efficiency of environmental governance can be improved,the resources of environmental governance can be saved and the governance of good law can be realized.