Under the guidance of the concept of ″ruling the country by law,″ China will surely usher in a new active period of environmental legislation. To achieve the environmental rule of law, there must be ″laws″ to go by. Environmental legislation is based on legal environment. Quality of the implementation of environmental legislation is directly related to the enforcement effects of law, hence only by strengthening environmental legislation more scientifically can the qualities of environmental legislation be ensured. The scientificalness of environmental legislation is that it is no longer passive, fill-in-type legislation, rather, it is an active, purposeful, systematic, guided legislation, moderately in the lead. In the realization of environmental science legislation, it is imperative to overcome the drawbacks of the existing legislation. First of all, we should overcome the drawbacks of the existing problem environmental legislation, and complete the environmental legislation transition from the passive response to the initiative guiding. Deformed economic developments in almost all countries have basically been attained at the expense of the environmental cost in exchange for the national economic development. As serious environmental issues are frequently exposed, the solution of environmental legislation problems becomes our first priority. It can be said that the environmental legal system initially formed in China is the product of such legislative mode, and still plays a positive role. However, the contradictions between the lag of environmental legislation and the ″lead″ nature of environmental legislation, the contradictions between the changeable and the stability of laws, have exposed the shortage of the problem legislation mode. Secondly, environmental legislation should avoid transplanting legislation. Legal formulation cannot live without the present social foundation, legal tradition and the level of public consciousness. The ignorance of the country's basic national conditions, blind transplantation of foreign legislation, and the lack of localized basis would make it difficult to achieve good effects. Finally, ″assault legislation″ should be reduced, never ignoring the time cost of legislation. Especially when environmental problems are particularly serious, the focus of the public concern often makes the legislators anxious to introduce a bill to cater to public opinions. This form of legislation seems to be effective, but this practice has neglected or sacrificed the scientific nature of the legislation. Scientific legislation also requires that both the internal and external risks should be recognized, establishing the risk awareness of the legislation. In order to overcome the drawbacks of the existing legislation, the establishment and strengthening of environmental science legislation should first call for the timely legislation and environmental legislation should be placed in a broader context, establishing a space-time view of environmental legislation. Secondly, the internal and external coordination of environmental legislation should also be paid attention to, strengthening the coordination concept of environmental legislation. Finally, environmental legislation technology should be emphasized. The scientificalness of environmental legislation is a vast subject, hence the research on environmental laws should be highly stressed and deserves great research efforts. This paper intends to make a beneficial attempt and provide a new perspective.
腾延娟. 论环境立法的科学性[J]. 浙江大学学报(人文社会科学版), 2015, 1(5): 81-90.
Teng Yanjuan. On the Scientific Nature of Environmental Legislation. JOURNAL OF ZHEJIANG UNIVERSITY, 2015, 1(5): 81-90.