The Breakthrough on the Legality Plight of Environmental Control in China

Meng TANG, Xiaoye CHENG

Abstract


Due to the particularity of environmental problems, the environmental control of government exists an inherent tense relation of rule-governed and administrative discretion. After confirmed the following two points: Government is not value-neutral during the process of environmental control, the public interest of the environment is not a certainty and objectivity existence, legality plight of environmental control is then appeared in China. The way to breakthrough is that adopts the method of “self-legalization”, by adding a large number of democratic factors to gain the legitimacy in the environmental control of modern society.

Key words: Environmental control; Legitimacy; Self-legalization


Keywords


Environmental control; Legitimacy; Self-legalization

References


Harada Naohiko (1999). Environmental Law (Yu Min Trans., pp. 59-60, 63, 69, 71-73). Law Press.

JIN, Ruilin, & WANG, Jin (2003). Research Review of the 20th Century Environmental Law Institute (p. 54). Beijing University Press.

Kurokawa Tetsuji (2008). The Jurisprudence and Methods of Environmental Administration (Xiao Jun Trans., pp. 11-18, 25). China Legal Publishing.

LI, Zhiping (2006). New Developments in Environmental Law – Interaction Between Control and Democracy. Preface (pp. 1, 2). The People’s Court Press.

LU, Zhongmei, GAO, Lihong, & YU, Yaojun (2001). Environment and Resources Law (p. 82). China Legal Publishing.

WANG, Jin (2006). Environmental Law Institute (pp.56-57). Beijing University Press.

WANG, Xixin (2007). Public Participation and Administrative Process – A Framework of the Philosophy and System Analysis (pp. 13, 16, 18, 19, 25, 30, 33, 41, 54, 78). China Legal Publishing.

XU, Xiangmin (Ed.). (2005). Environmental Law Institute (p. 32). Beijing University Press.




DOI: http://dx.doi.org/10.3968/j.css.1923669720120806.1007

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