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《Legal Forum》 2018-06
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Environmental Law Implication of Green Development Concept

LIU Weixian;Law School,Ocean University of China;  
The core idea of the green development concept that put forward in the context of modern environmental crisis is to harmonize economic development with environmental protection,that is,to realize the state of "production development,affluent life,and good ecology".Under the concept of green development,traditional legal system should still take economic development as the main task. What they achieve is the goal of"development of production and prosperity of life"pursued by green development.Thegoal of " good environment" pursued by green development can only be achieved by the environmental law,which is a new type of sector law and specifically tasked with environmental protection.The environmental law is responsible for the preservation and appreciation of"green"and the traditional law is responsible for economic development. Both have a clear division of labor,focus on each other,and cooperate with each other to jointly realize green development.In the field of environmental law,the implication of the green development concept is mainlyreflected in the following aspects. First,change the legislative purpose of environmental law. Second,emphasize the principle of environmental protectionpriority. Third,adopt aggregate thinking and set boundaries for economic activities.Fourth,encourage"green"input and promote"green"value added.Fifth,emphasizethe obligation-first,the power-dominated,and the active coordination of rights and liabilities.
【Fund】: 国家社科基金一般项目《风险规制视角下我国环境标准的制定及法律效力研究》(17BFX121)的阶段性成果
【CateGory Index】: D922.68
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