What Is Environmental Law?

Environmental law refers to the general term of laws and regulations on protecting the environment and natural resources, preventing pollution and other public hazards. Among them, the Natural Resources Law mainly refers to laws on the rational planning, development, utilization, management, and protection of natural resources; the Environmental Protection Law is the law to protect the environment, prevent pollution, and other public hazards. Environmental law is an important legal department that guarantees the sustainable development of our country. ^[1]

Environmental law

Regarding the appellation of environmental law, different countries have different appellations, and even the same country has different appellations in different periods.

In the United States, it s often called "

Environmental law refers to the general name of laws and regulations on protecting the environment and natural resources, preventing and controlling pollution and other public hazards that are formulated or recognized by the state and enforced by the state. The object of environmental law protection is the living environment of people within the jurisdiction of a country, mainly

The early environmental problems of human society were mainly the damage to the natural environment caused by agricultural production activities. Ancient civilized countries already have laws and regulations on protecting the natural environment. For example, China s "Qin Law · Tian Law" stipulates: "In the spring of February, do not dare to harvest wood, woods, mountains and dykes. No

In many countries with developed industries and relatively complete legal systems, environmental law has formed a relatively complete system and has become an important part of the country's entire legal system. Environmental law mainly includes the following aspects: The provisions of the Constitution on protecting the environment and preventing pollution. Many countries have stipulated environmental protection in their constitutions as the highest standards and legal basis for environmental protection activities of the country and society. Comprehensive environmental protection law, or environmental policy law, such as the "Environmental Protection Law of the People's Republic of China (Trial)" promulgated by China in 1979, the "Environmental Protection Law" of Romania, the "Basic Law on Pollution Countermeasures" in Japan, National Environmental Policy Law,

It is clearly stipulated in the Constitution or the comprehensive environmental protection law that protecting the environment and rationally using natural resources are the responsibility of all state organs, enterprises and institutions, groups and citizens, and require governments, units and individuals at all levels to act in concert to achieve protection. Environmental goals. As stated in the Greek Constitution, protecting the natural and cultural environment is a responsibility of the state.

As an independent legal department, environmental law has the following characteristics compared with other legal departments: comprehensive. The scope of environmental protection is wide and the social relations adjusted are quite complicated. Environmental law includes not only a large number of special environmental protection regulations, but also the provisions on environmental protection in the constitution, administrative law, civil law, criminal law, labor law, economic law and other regulations. technical. Various methods such as natural science, engineering technology, and economy must be adopted to protect the environment. Environmental law is closely related to the above-mentioned methods. Therefore, environmental law contains many technical specifications. Extensive sociality. Environmental law, like other laws, is subject to the constraints of the socio-economic system, but it protects natural environments such as land, atmosphere, water, and forests, and is therefore subject to objective natural ecological laws. Environmental law as a legal department is indeed the embodiment of the will of the ruling class and serves the interests of the ruling class, but it also conforms to the interests of the entire society and the nation to varying degrees. commonality. The global environment in which humans live is a whole, and environmental problems are a common problem facing human beings. In the social relations regulated by environmental law, issues related to economic development, production management, and science and technology are more involved. Some social development laws, economic laws, and natural laws are reflected here. Compared with other laws, there are more things that can be learned from each other's environmental laws.

In China, environmental law is often called environmental protection law.

In ancient China, there were some sporadic regulations on the protection of the natural environment. During the Republic of China, regulations such as the Fisheries Law (1929), the Forest Law (1932), and the Hunting Law (1932) were promulgated. In the areas under the leadership of the Communist Party of China before the founding of the People's Republic of China, the People's Government promulgated the Mountain Forest Decree of the Western Fujian Soviet Region (1930), the Measures for Protecting Public and Private Forests in the Jinchaji Border Area (1938), and the Forests in the Shaanxi-Gansu-Ningxia Border Area Protection Regulations (1941) and other regulations.

After the founding of the People's Republic of China, in the 1950s and 1960s, some laws and regulations on the protection of natural resources and the environment were promulgated. In 1973, the State Council convened the first National Conference on Environmental Protection, and approved the "Several Provisions on the Protection and Improvement of the Environment (Trial Draft)" formulated by this conference, which stipulated "Comprehensive planning, reasonable layout, comprehensive utilization "Turn harm into benefit, rely on the masses, everyone to take action, protect the environment and benefit the people"; and on comprehensive planning, reasonable industrial layout, improvement of the old city environment, comprehensive utilization, soil and plant protection, water system and sea area management, A comprehensive set of regulations has been made on issues such as afforestation, environmental monitoring, environmental science research and publicity and education, environmental protection investment and equipment. Subsequently, some other regulations on environmental protection, as well as environmental quality standards and pollutant discharge standards were formulated. The Constitution of the People's Republic of China, promulgated in 1978, clearly stipulates that "the state protects the environment and natural resources, and prevents pollution and other public hazards." Subsequently, a series of environmental protection regulations such as the "Environmental Protection Law of the People's Republic of China (Trial)" were promulgated. Legislative work on environmental protection is increasingly strengthened. The Constitution of the People's Republic of China, promulgated in December 1982, further stipulates the protection and rational use of natural resources, the protection of the living environment and ecological balance.

China's current environmental protection laws and regulations mainly include: "Environmental Protection Law of the People's Republic of China (Trial)" (1979), "Decision of the State Council on Strengthening Environmental Protection during the Period of National Economic Adjustment" (1981), "Environment of Capital Construction Projects" Administrative Measures "(1981);" Marine Environmental Protection Law of the People's Republic of China "(1982)," Forest Law of the People's Republic of China (Trial) "(1979)," Directives of the Central Committee of the Communist Party of China and the State Council on Vigorously Developing Afforestation " (1980), Notice of the State Council on Resolutely Stopping Deforestation (1980), Decision of the Central Committee of the Communist Party of China and the State Council on Protecting Forests and Developing Forestry (1981), the 5th National People's Congress Four conferences "Resolution on Launching a Voluntary Tree Planting Campaign for All" (1981); "Regulations on Soil and Water Conservation Work" (1982), "

The implementation of environmental law is the process of concretely applying, implementing and enforcing environmental law in real social life, and concreteizing the abstract rights and obligations between the subjects of environmental law. Through the implementation of environmental law, obligors consciously or forcedly fulfill their legal obligations, adjust and limit the activities of people's development, utilization, protection and improvement of environmental resources to the extent permitted by environmental law, thereby coordinating human and nature The relationship between the environment, the purpose and task of environmental law. Therefore, the implementation of environmental law is the key link of the entire environmental legal system and has decisive practical significance. The implementation of environmental law must adhere to the principles of "facts as the basis, the law as the criterion" and "everyone is equal in the application of the law."

The implementation of environmental law can be divided into two categories: public enforcement and private enforcement.

The so-called public implementation, also known as national implementation, refers to the implementation of environmental law by state agencies in accordance with statutory powers and procedures and by virtue of national violence, including the supervision and management of environmental resources by administrative agencies through the exercise of administrative power according to law, The enforcement activities carried out by the exercise of judicial power, the enforcement activities carried out by the procuratorial organs through the exercise of procuratorial powers, and the implementation activities carried out by the legislature through the supervision of the compliance of environmental laws by administrative organs, judicial organs, and procuratorial organs. Among them, administrative agencies play the most important and basic role in the implementation of environmental law, and environmental laws in many countries have clearly stipulated the establishment of special environmental administrative agencies, and environmental administrative agencies are responsible for the implementation and enforcement of environmental laws.

The so-called private enforcement, also known as civic enforcement, refers to the implementation of environmental law by individual citizens or civic organizations in accordance with legal regulations. Its main forms include participating in environmental administrative decision-making in accordance with the law, and legally administering state agencies, enterprises and institutions that violate the environmental law. Units or individual citizens file environmental lawsuits or make reports and complaints, sign pollution prevention agreements with polluters, monitor the activities of compliance and enforcement of environmental laws by the public opinion representatives of the legislature, and implement legal actions against environmental crimes and environmental violations Defense and other self-help relief, etc.

Since the public is the direct victim of environmental pollution, it is the most fundamental source of power to improve and implement the environmental legal system because it knows and is most sensitive to environmental conditions. Therefore, both in theory and in practice, the international community and countries around the world attach great importance to the important role of the public in the implementation of environmental law, and emphasize the protection of the legitimate environmental rights and interests of the public, especially the right to information, participation and access to relief. The environmental right in the procedural sense enables the implementation of the public power of the administrative organs, the judicial organs, etc. to closely cooperate with the implementation of the private power of citizens, so as to obtain a good implementation effect. For example, Principle 10 of the 1992 Rio Declaration on Environment and Development emphasizes: "Environmental issues are best dealt with at the relevant level with the participation of the citizens concerned. At the national level, everyone should have the right to Obtain information on the environment held by public authorities, including hazardous substances and activities in their communities, and have the opportunity to participate in decision-making processes. States should facilitate and encourage public awareness and participation by making information widely available, The judicial and administrative procedures, including compensation and redress procedures, should be made available to everyone. "

Although environmental law generally refers to "domestic environmental law" and is a relative category with international law, with the global integration and internationalization of environmental issues, environmental law as a country's domestic law is inevitably affected by international law.

Because environmental problems are a common problem faced by all countries, the object of environmental protection refers to the entire global environment on which human beings live; as pollution is not restricted by national borders, the protection of migratory animals requires the concerted efforts of relevant countries. Ecological damage in one area will inevitably affect neighboring countries and regions; due to the high seas, the Antarctic Circle,

The Japanese Environmental Law is a general term for laws and regulations on environmental protection and pollution prevention formulated by Japan. In Japan, environmental law is often called pollution law. Prior to the 1950s, there were mainly local pollution prevention regulations in Japan, such as the Osaka Prefecture Soot Prevention Regulations (1932), Kyoto Prefecture Soot Prevention Regulations (1933), and the Tokyo Metropolitan Factory Pollution Prevention Regulations. "(1949)," Kanagawa Prefecture Enterprise Pollution Prevention Regulations "(1951)," Tokyo Noise Prevention Regulations "(1954)," Osaka Prefecture Enterprise Pollution Prevention Regulations "(1954), and" Fukuoka Prefecture Pollution Prevention Regulations " ". After the late 1950s, Japan successively promulgated a series of national laws, such as the Industrial Water Law (1956), the Natural Park Law (1957), the Law on the Protection of Water Quality of Public Waters (1958), Law on Restricting Factory Drainage, etc. (1958), Sewer Law (1958), Law on Washed Coal Industry (1958), Law on Restricting the Use of Groundwater in Buildings (1962), Prevention Public Vision Group Act (1965) and the Law on the Reorganization of Defense Facilities and the Environment. The Basic Law on Countermeasures against Pollution was promulgated in 1967. Subsequently, the "Air Pollution Control Law" (1968), the "Noise Control Law" (1968), the "Urban Planning Law" (1968) and the "Pollution Disputes Handling Law" (1970) were enacted. The Basic Law on Countermeasures against Pollution provides for some important systems for preventing and controlling pollution, but it also emphasizes the coordination between environmental protection and economic development. It has been distorted by capitalists, causing environmental pollution to continue to deteriorate, and nationals have repeatedly held demonstrations. Therefore, in 1970, Japan held the 64th Congress, enacting the Law on the Prevention of Enterprise Burdens on Public Utilities, the Law on Disposal and Cleanup of Waste Products, the Law on the Prevention and Control of Marine Pollution, and the Penalties for Crimes against Public Health Damage to Human Health Law, Law on Prevention and Control of Soil Pollution on Agricultural Land and Law on Prevention and Control of Water Pollution6

Environmental Law 6th Edition

Title: Environmental Law, 6th Ed. (Sixth Edition of Environmental Law)

ISBN: 9787302188537

Author: Nancy K.Kubasek Gary S.Silverm

Price: 58 yuan

Publication date: 2008-12-1

Publisher: Tsinghua University Press

brief introduction

This book is a textbook for students who have not taken a law or related technology course first. This book first introduces the legal system and procedures, including the sources of environmental law, the litigation process and other tools to resolve environmental conflicts, administrative law and its impact on the environment. Then briefly and comprehensively introduced the specific content of environmental law, including environmental regulations and policies, air quality control, water quality control, toxic substance control, waste management and hazardous waste discharge, energy, natural resources, international environmental law, etc. It also provides the relevant scientific and technical background needed to understand environmental law. Each chapter contains a summary, review and discussion questions, in-depth study materials and related websites.

This book can be used as a textbook for environmental law courses in colleges and universities, and for reference by relevant scientific and technical personnel and management personnel.

Environmental Law Environmental Law Fourth Edition

Title: Environmental Law, 4th Ed. (4th Edition of Environmental Law)

ISBN: 9787302068815

Author: Nancy K. Kubasek

Pricing: 38 yuan ^[2]

Publication date: 2003-8-1

Publisher: Tsinghua University Press

brief introduction

This book is a textbook for students who have not taken a law or related technology course first. The book first introduces the legal system and procedures, including the sources of environmental law, the litigation process, and other tools for resolving environmental conflicts. Administrative law and its impact on the environment. The book also briefly and comprehensively introduces the specific content of environmental law, including environmental regulations and policies, air quality control, water quality control, toxic substance control, waste management and hazardous waste discharge, energy, natural resources, international environmental law, and so on. It also provides the relevant scientific and technical background needed to understand environmental law.

This book can be used as a textbook for environmental law courses in colleges and universities, or a supplementary textbook for environmental policy courses, and for reference by relevant scientific and technical personnel and management personnel.