论环境立法的科学性

中国全面推进依法治国和经济“新常态”的提出，必将迎来环境立法新的活跃期。提高环境立法质量是实现环境法治的前提，因此，环境立法的科学性研究成为一个紧迫的课题。实现环境科学立法首先要克服已有环境立法的弊端，完成环境立法从被动应对向主动引导的转变。其次，环境立法要避免盲目移植国外立法即“移植立法”。最后，不能忽视立法需要花费的时间成本，要减少“突击立法”。环境立法的科学性意味着环境立法不再是以前被动的、填填补补的立法，而是一种主动的、有目的的、系统的、引导性的、具有适度超前性的立法。要克服已有立法的弊端，建立和强化环境科学立法，不仅要树立环境立法的时空观，注意环境立法的内部性协调和外部性协调，强化环境立法的协调观，还要重视环境立法技术。

On the Scientific Nature of Environmental Legislation

Under the guidance of the concept of ″ruling the country by law,″ China will surely usher in a new active period of environmental legislation. To achieve the environmental rule of law, there must be ″laws″ to go by. Environmental legislation is based on legal environment. Quality of the implementation of environmental legislation is directly related to the enforcement effects of law, hence only by strengthening environmental legislation more scientifically can the qualities of environmental legislation be ensured. The scientificalness of environmental legislation is that it is no longer passive, fill-in-type legislation, rather, it is an active, purposeful, systematic, guided legislation, moderately in the lead. In the realization of environmental science legislation, it is imperative to overcome the drawbacks of the existing legislation. First of all, we should overcome the drawbacks of the existing problem environmental legislation, and complete the environmental legislation transition from the passive response to the initiative guiding. Deformed economic developments in almost all countries have basically been attained at the expense of the environmental cost in exchange for the national economic development. As serious environmental issues are frequently exposed, the solution of environmental legislation problems becomes our first priority. It can be said that the environmental legal system initially formed in China is the product of such legislative mode, and still plays a positive role. However, the contradictions between the lag of environmental legislation and the ″lead″ nature of environmental legislation, the contradictions between the changeable and the stability of laws, have exposed the shortage of the problem legislation mode. Secondly, environmental legislation should avoid transplanting legislation. Legal formulation cannot live without the present social foundation, legal tradition and the level of public consciousness. The ignorance of the country's basic national conditions, blind transplantation of foreign legislation, and the lack of localized basis would make it difficult to achieve good effects. Finally, ″assault legislation″ should be reduced, never ignoring the time cost of legislation. Especially when environmental problems are particularly serious, the focus of the public concern often makes the legislators anxious to introduce a bill to cater to public opinions. This form of legislation seems to be effective, but this practice has neglected or sacrificed the scientific nature of the legislation. Scientific legislation also requires that both the internal and external risks should be recognized, establishing the risk awareness of the legislation. In order to overcome the drawbacks of the existing legislation, the establishment and strengthening of environmental science legislation should first call for the timely legislation and environmental legislation should be placed in a broader context, establishing a space-time view of environmental legislation. Secondly, the internal and external coordination of environmental legislation should also be paid attention to, strengthening the coordination concept of environmental legislation. Finally, environmental legislation technology should be emphasized. The scientificalness of environmental legislation is a vast subject, hence the research on environmental laws should be highly stressed and deserves great research efforts. This paper intends to make a beneficial attempt and provide a new perspective.