摘要
环境与发展是可持续发展的两大主题,可持续发展致力于平衡环境保护与经济社会发展两者之间的关系。可持续发展法是国家制定或认可的有关保障可持续发展的原则、规则或制度的总称,其基本原则包括生态原则、节约原则和公平原则。环境法、经济法和社会法是可持续发展法的三大主干。近年来,国外尤其是发达国家都加大了可持续发展立法力度,建立了许多行之有效的可持续发展法律制度。我国也出台了一些与可持续发展密切相关的法律,初步建构了我国可持续发展法律框架体系。我国可持续发展立法的当务之急是推动可持续发展入宪或制定可持续发展基本法,同时加快环境、经济和社会领域的立法进程。
The idea of sustainable development originated from environmental protection. A series of international conferences and related international organizations have spurred the popularization of strategy of sustainable development in the world. The theme of sustainable development is environment and development. In the final analysis, the issue of environment and development is actually the relationship between human and nature. The essence of sustainable development lies in the balancing of the relationship between environmental protection and the development of economy and society. The implementation of sustainable development strategy calls for the protection by the sound legal system. Rectifying the concept and basic principles of sustainable development law is a prerequisite for studying the legislation of sustainable development. Sustainable development law refers to a joint body of the state-formulated or confirmed legal principles, rules and system involving sustainable development. This concept features two major obvious characteristics, namely, integration and relative independence.
The three major parts of sustainable development law include environmental law, economic law, and social law. Some contents of constitutional law, civil and commercial law, criminal law, administrative law, and litigation law, which have to do with sustainable development, need to be included in the jurisprudence of sustainable development. Sustainable development law has three basic principles, namely, those of ecology, economy and equity （3Es）. Being the embodiment of natural principle in the social legal system, ecological principle is the foundation of sustainable development law. Economical principle is to deal with the conflict between the finity of nature and the infinity of human demand. Equitable principle includes the horizontal equity among contemporaries while taking future generations＇ interests and rights into consideration.
International sustainable development law is made up of international treaties, declarations, agendas and conventions about global environment and development. Sustainable development legislation in China must abide by international treaties that we have joined, and we must fulfill international obligations concerned. Foreign countries, especially developed countries, have established many effective sustainable development legal systems. Sustainable development legislation in China needs to introduce some overseas legal systems concerned and reach the international level as soon as possible.
By now China has also promulgated large numbers of laws closely related to sustainable development, and an elementary sustainable development legal system has come into being. At the same time, early sustainable development legislation in China emphasizes particularly on economic development, whereas environmental and social legislation is not sufficient. To further improve the sustainable development legal system in China, lawmakers must amend the Constitution or constitute the basic law of sustainable development so as to make environmental, economic and social laws harmonious. On the other hand, lawmakers also need to speed up environmental, economic and social legislation. In the field of environment, the aim of environmental legislation should be replaced by the ＂priority theory＂; the basic law of environment be passed, and the laws of water, air, land and forest be perfected. In the field of economy, circular economy law should be made, and Tax Law, Insurance Law, etc. be amended. In the field of society, population legislation should be modified, and social security law, and so on should be enacted and strengthened.
出处
《浙江大学学报（人文社会科学版）》
CSSCI
2008年第1期67-73,共7页
Journal of Zhejiang University:Humanities and Social Sciences
基金
浙江省哲学社会科学规划课题资助项目(07CGXW004YBQ)
关键词
可持续发展
可持续发展法
立法
sustainable development
sustainable development law
legislation
