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) Environmental standards are legally binding. For example, environmental quality standards are the basis for setting environmental goals and environmental plans, 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.
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