论我国环境标准法律功能的完善
发布时间：2018-11-23 06:10
【摘要】：环境标准是技术法规的一种,是环境立法、执法、司法、守法诸环节有效运行的基础。在我国,环境标准有一个庞大的体系,主要分为6类2级。但是,我国对环境标准的核心法律功能的定位却不够清晰。通过对我国环境标准的法律功能的定位,以及分析我国环境法律的核心价值追求,得出的结论是,我国环境标准的核心法律功能应该是保障人体健康。但是,在现实生活中,我国环境标准在发挥核心法律功能方面,还存在很多缺陷,通过对缺陷与问题的分析,最后提出了相应的措施,以促进我国环境标准核心法律功能的发挥。 本文第一部分从概述环境标准及其法律功能的基础理论入手,分析了环境标准的概念、法律属性、法律功能。目的是对相关概念有清晰的了解和认识。 第二部分是对环境标准法律功能的定位。首先,分析了环境标准法律性质维度,我国环境法律的核心价值追求是保障人体的健康,而环境标准核心法律功能的定位,往往是受前者的影响的,且是前者制定的基础,所以,环境标准的核心法律功能应该是保障人体健康。其次,分析了环境标准制定原则维度,例如,确保人体不受污染原则、可持续发展原则等。再次,分析了环境标准行为准则维度,涉及到环境政策和环境执法的行为准则。 第三部分主要是分析我国环境标准法律功能的缺陷,即我国环境标准没有确立保障人体健康的核心地位;缺乏相关具体标准;与国际接轨不紧密;公众参与程度不高等。 第四部分重点是根据环境标准的缺陷,提出了有利于我国环境标准发挥核心法律功能,即保障人体健康的措施。主要是树立正确的价值观;制定具体的地方环境标准、总量控制标准、源头控制标准等;结合使用污染物排放标准和环境质量标准;提高与国际接轨程度以及公众参与程度等。完善以上措施,促进我国环境标准尽早将核心法律功能定位于保障人体健康,并通过制定具体环境标准更好地保护人类的健康。
[Abstract]:Environmental standard is a kind of technical regulation, which is the basis of effective operation of environmental legislation, law enforcement, judicature and law-abiding. In China, environmental standards have a large system, mainly divided into 6 categories 2 levels. However, the orientation of the core legal function of environmental standards in China is not clear enough. Through the orientation of the legal function of our environmental standard and the analysis of the pursuit of the core value of our environmental law, it is concluded that the core legal function of our environmental standard should be to protect human health. However, in real life, there are still many defects in playing the core legal function of environmental standards in our country. Through the analysis of the defects and problems, the corresponding measures are put forward. In order to promote the core legal function of environmental standards in China. The first part of this paper begins with the basic theory of summarizing the environmental standard and its legal function, and analyzes the concept, legal attribute and legal function of the environmental standard. The purpose is to have a clear understanding and understanding of relevant concepts. The second part is the orientation of the legal function of environmental standards. First of all, it analyzes the dimension of the legal nature of environmental standards. The core value of environmental law in China is to protect human health, while the orientation of the core legal function of environmental standards is often influenced by the former and is the basis of the former. Therefore, the core legal function of environmental standards should be to protect human health. Secondly, the principles of environmental standards are analyzed, such as the principle of ensuring the human body from being polluted, the principle of sustainable development and so on. Thirdly, the dimension of environmental standard code of conduct is analyzed, which involves environmental policy and environmental enforcement code of conduct. The third part mainly analyzes the defects of the legal function of environmental standards in China, that is, the environmental standards in China have not established the core position of protecting human health; lack of relevant specific standards; not closely connected with the international standards; the degree of public participation is not high. In the fourth part, according to the defects of the environmental standard, the author puts forward some measures which are beneficial to the exertion of the core legal function of the environmental standard in China, that is, the protection of human health. It is mainly to establish correct values; to formulate specific local environmental standards, total control standards, source control standards, and so on; to combine pollutant discharge standards with environmental quality standards; to improve the degree of integration with the international community and the degree of public participation, and so on. To improve the above measures, to promote the environmental standards of our country as soon as possible to the core legal function to protect human health, and through the formulation of specific environmental standards to better protect human health.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68
本文编号：2350556
[Abstract]:Environmental standard is a kind of technical regulation, which is the basis of effective operation of environmental legislation, law enforcement, judicature and law-abiding. In China, environmental standards have a large system, mainly divided into 6 categories 2 levels. However, the orientation of the core legal function of environmental standards in China is not clear enough. Through the orientation of the legal function of our environmental standard and the analysis of the pursuit of the core value of our environmental law, it is concluded that the core legal function of our environmental standard should be to protect human health. However, in real life, there are still many defects in playing the core legal function of environmental standards in our country. Through the analysis of the defects and problems, the corresponding measures are put forward. In order to promote the core legal function of environmental standards in China. The first part of this paper begins with the basic theory of summarizing the environmental standard and its legal function, and analyzes the concept, legal attribute and legal function of the environmental standard. The purpose is to have a clear understanding and understanding of relevant concepts. The second part is the orientation of the legal function of environmental standards. First of all, it analyzes the dimension of the legal nature of environmental standards. The core value of environmental law in China is to protect human health, while the orientation of the core legal function of environmental standards is often influenced by the former and is the basis of the former. Therefore, the core legal function of environmental standards should be to protect human health. Secondly, the principles of environmental standards are analyzed, such as the principle of ensuring the human body from being polluted, the principle of sustainable development and so on. Thirdly, the dimension of environmental standard code of conduct is analyzed, which involves environmental policy and environmental enforcement code of conduct. The third part mainly analyzes the defects of the legal function of environmental standards in China, that is, the environmental standards in China have not established the core position of protecting human health; lack of relevant specific standards; not closely connected with the international standards; the degree of public participation is not high. In the fourth part, according to the defects of the environmental standard, the author puts forward some measures which are beneficial to the exertion of the core legal function of the environmental standard in China, that is, the protection of human health. It is mainly to establish correct values; to formulate specific local environmental standards, total control standards, source control standards, and so on; to combine pollutant discharge standards with environmental quality standards; to improve the degree of integration with the international community and the degree of public participation, and so on. To improve the above measures, to promote the environmental standards of our country as soon as possible to the core legal function to protect human health, and through the formulation of specific environmental standards to better protect human health.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 边海娟;室内环境污染防治立法研究[D];中南林业科技大学;2012年
，本文编号：2350556
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