1. Legal environment In the interests of safeguarding the lawful rights and interests of foreign investors in China, the laws and regulations concerning foreign af-fairs are being made or perfected in China. Over 100 ...1. Legal environment In the interests of safeguarding the lawful rights and interests of foreign investors in China, the laws and regulations concerning foreign af-fairs are being made or perfected in China. Over 100 laws & regulations have been promulgated, such as Law of the People’s Republic of China on Economic Contracts Involving Foreign Inter-展开更多
Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Base...Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Based on the environmental status of the city, the construction content of environmental legal system was analyzed, focusing on conflict resolution, and the corresponding ways of research were proposed.展开更多
The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative...The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.展开更多
Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in cu...Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.展开更多
The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-...The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-ment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of en-terprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal law should be utilized to regulate enterprise's behaviors regarding environmental protection.展开更多
文摘1. Legal environment In the interests of safeguarding the lawful rights and interests of foreign investors in China, the laws and regulations concerning foreign af-fairs are being made or perfected in China. Over 100 laws & regulations have been promulgated, such as Law of the People’s Republic of China on Economic Contracts Involving Foreign Inter-
基金Xi’an Science and Technology Bureau Fund Project ( No. HJ1106 ( 2) )The Shaanxi Science and Technology Department Fund Project ( No. 2009KRM34)
文摘Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Based on the environmental status of the city, the construction content of environmental legal system was analyzed, focusing on conflict resolution, and the corresponding ways of research were proposed.
文摘The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.
文摘Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.
基金the Innovative Talents Training Fund of Southwestern University of Finance and Economics
文摘The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-ment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of en-terprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal law should be utilized to regulate enterprise's behaviors regarding environmental protection.
