I. The concept and nature of environmental standards
Environmental standards are an independent, special and important component of China's environmental law system.
Environmental standards are the general term for various technical specifications formulated by the state in accordance with legal procedures in order to maintain environmental quality and control pollution, thereby protecting population health, social wealth and ecological balance. In general, environmental standards are technical specifications that are legal in nature. The legal nature of environmental standards is mainly reflected in the following aspects.
(1) Environmental standards are normative. One of the basic characteristics of the law is its normativeness, which is the rule and scale that regulates people's behavior. The environmental standard is also a normative behavioral rule. It differs from the general law only in that it does not stipulate people's behavior patterns and legal consequences through legal provisions, but through some quantitative data and indicators. Technical specifications to represent the boundaries of behavioral rules to adjust people's behavior.
(2) The standard of the ring is legally binding. For example, environmental quality standards are the basis for setting environmental goals and planning, and are also the statutory basis for judging whether the environment is contaminated and setting pollutant discharge standards. Pollutant discharge standards are the basis for implementing laws, monitoring and monitoring various pollutant discharge activities, and determining whether pollution discharge activities are legal. In some cases, violation of pollutant discharge standards, bear the corresponding legal responsibilities.
(3) The formulation of environmental standards, like regulations, must be authorized and formulated and issued by the relevant state authorities in accordance with legal procedures.
Second, the role of environmental standards
Environmental standards are compatible with environmental laws and play an important role in national environmental management. From the perspective of a very accurate development history, it has been developed in conjunction with environmental law. Initially, in areas where labor is concentrated, population is concentrated, and pollution is severe, the emission standards for the three pollutants are specified in a single-line regulation that establishes pollution control. After the Soviet Union in the 24th century, environmental pollution in industrialized countries developed into a national public hazard. At the same time as strengthening environmental legislation, it began to formulate national environmental standards and gradually developed into a comprehensive environmental standard with multiple levels, multiple forms and multiple uses. The system has become an indispensable part of the environmental law system.
Environmental standards play the following roles in the management of national ring magic.
1. Environmental standards are the main basis for the formulation of national environmental plans and plans
When a country develops environmental plans and plans, it must have a clear environmental goal and a series of environmental indicators. It needs to control the environmental quality to a level that is suitable for publicity on the basis of comprehensive consideration of the country's economic and technological level, that is, to meet the requirements of the slope standard. Environmental standards make it the primary basis for developing environmental plans and plans.
2. Environment, you must be the basis and basis for the formulation and implementation of environmental law
In various single-line environmental regulations, it is usually only required that emissions of pollutants must meet emission standards, and what kind of legal responsibility should be borne by environmental polluters. What is the cause of pollution? What are the specific criteria for discharging pollutants? It needs to be determined by setting environmental standards. The implementation of environmental law, especially the determination of the boundaries between lawfulness and illegality, and the determination of specific legal responsibilities, are often based on environmental standards. Therefore, environmental standards are an important basis for the formulation and implementation of environmental laws.
3. The ring magic standard is the technical basis of national environmental management
National environmental management, including environmental planning and policy formulation, environmental legislation, environmental monitoring and evaluation, and daily environmental supervision and management, all need to follow and comply with environmental standards. The improvement of environmental standards reflects the level and efficiency of a country's scientific environmental management. .
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