Publication Details

Reference Category Journals
DOI / URL
Title (Primary) On the constitutional basis of environmental law
Author Shen, B.;
Journal Land and Resources Information
Year 2015
Department UPR;
Issue 8
Language chinesisch;
POF III (all) T13;
Keywords Environmental rule of law; Constitution; Cooperative governance; Environmental rights and interests, Country under the rule of law
UFZ wide themes RU6;
Abstract To promote the development and innovation of environmental law, it is necessary to systematically re-examine the constitutional basis and the juristic theory of the environmental rule of law. Based on legal analysis and comparative law methods, this paper proposes that China's environmental law is transforming from exogenous type to endogenous one. There is coupling between environmental rule of law and construction of a modern country under the rule of law. Protection of environment by the Constitution requires not only introduction of new provisions but also adjustment for the traditional structure of legal rights and interests. However, because the independent environmental right has not been achieved, environmental rights and interests are derived from traditional legal rights and interests, but also expand the scope of the latter, especially in procedural rights. Environmental rights and interests and traditional legal rights and interests are on an equal footing, and reinforce the mutual checks and balances. Environmental protection also requires legislation and closer cooperation with administration and judicature. The legislation is the foundation, the administration requires information and knowledge authority, and judicature helps improving unification of the legal system. In the administrative authority, environmental protection requires more effective multi-department and multi-level cooperative governance framework and a new leap forward in understanding of resource protection and environmental protection. Environmental rule of law is an important field in building China into a country under the rule of law.
ID 18290
Persistent UFZ Identifier http://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=18290
Shen, B. (2015):
On the constitutional basis of environmental law
Land and Resources Information (8), 3 - 11