環(huán)境法律

內容概要

This book aims to prove that
environmental laws are indispensable to environmental protection
and environmental administration，in the experience of Chinese
environmental legal practice．Environmental law can be understood to
refer to a jurisdiction’S panorama of practical legislation for
environmental protection．

書籍目錄

1 Introduction
2 An Introduction to Environmental Law
 2.1 Concept of Environmental Law
  2.1.1 Definition of "Environmental Law" and "Environmental Laws"
  2.1.2 The Regulatory Objects of Environmental Laws
 2.2 Fundamental Principles of Environmental Law
  2.2.1 The Preventive Principle
  2.2.2 The Principle of Coordinated Development
  2.2.3 The Principle of Cost Bearing by the Beneficiaries
  2.2.4 The Public Participation Principle
  2.2.5 The Principle of Cooperation
 2.3 The Formulation of Environmental Laws
  2.3.1 The Primary Basis of Environmental Legislation
  2.3.2 The Subjects of Environmental Legislation
  2.3.3 Major Procedures of Environmental Legislation
 2.4 The Historical Development of Chinese Environmental Laws
  2.4.1 The Chaos before the Environmental Legislation
  2.4.2 The Preliminary Formation of Environmental Laws
  2.4.3 The Initial Development of Environmental Laws
  2.4.4 The Formation and Perfection of Environmental Laws
 2.5 The Sources of China's Existing Environmental Laws
  2.5.1 Sources of Environmental Law
  2.5.2 System of Sources of Environmental Law
  2.5.3 The Composition of China's Existing Sources of
Environmental Laws
 Fundamental Legal Regimes for Environmental Protection
 3.1 Environmental Standards
  3.1.1 The Concept of the Environmental Standards Regime
  3.1.2 The Legal Basis of Formulating the Environmental Standards
  3.1.3 The Classification of Environmental Standards
 3.2 Environmental Planning
  3.2.1 The Concept of Environmental Planning
  3.2.2 The Major Contents of the Environmental Planning Laws
  3.2.3 The Validity of Environmental Pla
 3.3 Environmental Impact Assessment
  3.3.1 Overview of Environmental Impact Assessment
  3.3.2 Environmental Impact Assessment of Planning
  3.3.3 Environmental Impact Assessment of Cotruction Projects
  3.3.4 The "Three Simultaneities" Relating to EIA
 3.4 Environmental Administrative Liceing
  3.4.1 The MEP Is in Charge of Environmental Liceing
  3.4.2 Environmental Liceing Matte in the Charge of Local DEPAs
  3.4.3 Legal Liabilities in the Environmental Administrative
Liceing Regime
 3.5 Disclosure of Environmental Information
  3.5.1 Introduction to Disclosure of Environmental Information
  3.5.2 Disclosure of Government Environmental Information
  3.5.3 Disclosure of Enterprise Environmental Information
 3.6 Environmental Emergency Respoe Management
  3.6.1 Legislation on Environmental Emergency Respoe Management in
China
  3.6.2 The Organization and Respoibilities of the Present EERP
Management in China
  3.6.3 Legal Mechanisms for Environmental Emergency Respoe
Management in China
4 Content of Environmental Law in China
 4.1 General Introduction to the Content of the Existing
Environmental Law in China
  4.1.1 General Environmental Laws
  4.1.2 Law on the Prevention and Control of Environmental
Pollution
  4.1.3 Nature Coervation Law
  4.1.4 Laws on the Circular Management of Substances and Energy
Coervation
  4.1.5 Laws on Compreheive Administration of the Environment
  4.1.6 Environmental Legal Liabilities
 4.2 Laws on the Prevention and Control of Environmental Pollution
  4.2.1 Atmospheric Pollution
  4.2.2 Water Pollution
  4.2.3 Marine Pollution
  4.2.4 Noise Pollution
  4.2.5 Environmental Pollution by Solid Waste
  4.2.6 Pollution by Chemical Substances
  4.2.7 Radioactive Pollution
  4.2.8 Control of Electromagnetic Radiation
  4.2.9 Livestock Pollution
 4.3 Nature Coervation Law
  4.3.1 The Overview of the Nature Coervation Law
  4.3.2 Legislation of Wildlife Protection
  4.3.3 Legislation on Wild Plants Protection
  4.3.4 Legislation on Natural Reserves
  4.3.5 Legislation for the Protection of Marine Ecology
  4.3.6 Legislation for the Protection of Terrestrial Resources
  4.3.7 Forest Protection Legislation
  4.3.8 Water Protection Legislation
  4.3.9 Grassland Protection Legislation
 4.4 Law on Circular Management of Substances and Energy Coervation
Law
  4.4,1 Concepts of Law on Circular Management of Substances and
EnergyCoervation Law
  4.4.2 Clean Production Promotion Legislation
  4.4.3 Circular Economy Promotion Legislation
  4.4.4 Energy Coervation Legislation
  4.4.5 Legislation Governing the Use of Renewable Energy
Administrative Enforcement of Environmental Law
 5.1 Environmental Administrative Law Enforcement Subjects
  5.1.1 Development of Environmental Administrative Law Enforcement
Ititutio in China
  5.1.2 The Current Environmental Administrative System in China
  5.1.3 Distribution of Environmental Administrative Law
Enforcement Powe and Duties among Administrative Departments
  5.1.4 The Current Administrative Departments of Environmental
Protection at Different Levels
 5.2 Administrative Enforcement
  5.2.1 Concept, Characteristics and Principles of Environmental
Administrative Law Enforcement
  5.2.2 Effects of Environmental Administrative Law Enforcement
  5.2.3 Modes of Environmental Administrative Law Enforcement
  5.2.4 Main Procedures of Environmental Administrative Law
Enforcement
 5.3 Ex-post Supervision of Environmental Administrative Law
Enforcement
  5.3.1 The Subjects of Ex-post Supervision of Environmental
Administrative Law Enforcement
  5.3.2 Matte of Ex-post Supervision of Environmental
Administrative Law Enforcement
  5.3.3 Measures for Ex-post Supervision of Environmental
Administrative Law Enforcement
  5.3.4 Procedures for Ex-post Supervision of Environmental
Administrative Law Enforcement
  5.3.5 Results of Ex-post Supervision of Environmental
Administrative Law Enforcement
  5.3.6 Duties and Legal Liabilities
 5.4 Supervision of Environmental Administrative Law Enforcement by
Counterparts
  5.4.1 Environmental Administrative Recoideration
  5.4.2 Environmental Administrative Litigation
6 Legal Liabilities in Relation to Environmental Law
 6.1 Civil Liability
  6.1.1 The Cotitution of Environmental Tort Liability
  6.1.2 Environmental Tort Liability Defees
  6.1.3 Assumption of Environmental Tort Liability
  6.1.4 Accountability Procedures for Environmental Tort Liability
 6.2 Administrative Liability
  6.2.1 The Cotitution of Environmental Administrative Liabilities
  6.2.2 Disciplinary Sanctio and Penalties
 6.3 Criminal Liabilities
  6.3.1 The Cotitution of Environmental Criminal Liability
  6.3.2 Major Environmental Crimes and the Corresponding Criminal
Liabilities
  6.3.3 Basic Procedures for Traferring Suspected Environmental
  Offende' Cases by DEPAs
7 Conclusion
BIBLIOGRAPHY

章節(jié)摘錄

版權頁：   插圖：   nationalities live in concentrated communities; in these areas,institutions of self-government are established. "Autonomous regulations"are the overall regulatory instruments formulated by the People's Congress of the autonomous areas in the light of the political,economic and cultural characteristics of thenationality or nationalities in the areas concerned,comprehensively regulating local affairs.They are general innature."Separate regulations"refer to the regulatory instruments laid down by the people'scongress of autonomous areas in the light of the political,economic and cultural characteristics of the nationality or nationalities in the areas concerned,regulating specific aspects of the local affairs.Autonomous regulation showcases the autonomy of the national autonomous areas and acts as a general frame work,while separate regulations are an exercise of a specific autonomous power and must be in line with the autonomousregulations. According to Article 66(2)of the Law on Legislation,where certain provisions of the laws and administrative regulations are concerned,adaptation on the basis of the characteristics of the local nationality(or nationalities)may be made in autonomous regulations and separate regulations,but such adaptations may notcontradict the basic principles of the laws and administrative regulations.Where the provisions of theConstitution and the Law on Regional National Autonomy as well as the provisions in other laws and administrative regulations specially formulated to govern the national autonomous areas are concerned,noadaptations may be made. As to the procedure,Article 66(1)of the Law on Legislation rules that the autonomous regulations andseparate regulations of the autonomous regions shall be submitted to the Standing Committee of theNational People's Congress for approval and shall come into effect upon approval.Likewise,the autonomous regulations and separate regulations of the autonomous prefectures or counties shall besubmitted to the standing committees of the people's congresses of the relevant provinces,autonomousregions or municipalities directly under the Central Government for approval and shall come into effectupon approval. Autonomous regulations and separate regulations on environmental and natural resource protection maybe formulated by the autonomous institutions of nationalities in light of the Constitution and the Law of thePeople's Republic of China on Regional National Autonomy,amended in 2001).In practice,autonomous powers are exercised in environmental legislation in the national autonomous areas as follows.

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