Abstract

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Title:: On the Systematic Approach to and Development of Environmental Law in China

Keywords:: environmental law; systematization; internal system; external system

Abstract:: Under the current background of China's Environmental Code, the systematic study of environmental law has extremely important theoretical significance and practical value. The development of China's environmental law system should not only consider the nature of environmental law and encompass existing environmental legal norms but also show keen awareness and foresight in order to guide the country's environmental legislation planning. Furthermore, it is crucial to categorize environmental legal norms by using appropriate standards. To achieve these goals, the construction of China's environmental law system should take a problem-oriented approach and strive for an organic combination of internal and external systems. The internal system of environmental law should clarify that the ultimate objective of environmental law is to establish a sound ecological environment that meets human needs. Based on this goal, the internal system should establish a basic set of principles that include overall leadership, as well as principles related to subjects, behaviors, and responsibilities. The external system should classify the environmental legal norms into the following three categories:the prevention and control of cumulative environmental damage resulting from emissions; the prevention and control of environmental damage caused by exhaustive exploitation of resources; and the prevention and control of disruptive environmental damage.