Abstract

In the process of using environment laws to deal with environmental issues，legal rules revealing the behavioral logic of the human society should be combined with scientific rules reflecting the laws of the nature，to achieve harmony and order between human society and the environment.The legal system of environmental standards is based on a regular，stable，and systematic institution within the environmental law system，to ensure environmental laws reflecting social rationality integrated with environmental standards reflecting scientific rationality，and to achieve coordination and interaction between social and scientific rationality within environmental laws.

To build a legal system of environmental standards that can integrate environmental laws with standards，it’s required to have a comprehensive theoretical interpretation on the positioning，value proposition，functions，and structure of the legal system of environmental standards and put forward specific proposals based on the existing problems confronting China’s legal system of environmental standards.First，the legal system of environmental standards enjoys a fundamental position in the environmental law system of a country with environmental laws in modern times，which essentially determines how the country deals with specific environmental problems.Second，the value proposition of the legal system of environmental standards as the basic legal system of environmental protection，should be consistent with the objectives set out in the national environmental protection obligations and the basic environment law，i.e.“environmental protection and improvement”.Third，as the legal system of environmental standards is built to ensure effective integration of environmental laws with environmental standards，the functions of the legal system of environmental protection should be defined as ensuring the legality of the form of environmental standards，rationality of their contents，and effectiveness of their implementation.Last but not least，a“trinity”legal system of environmental standards is to be built based on the functions，featuring a legal system of invoking environmental standards with the function of form legality，a legal system of developing and revising environmental standards with the function of content rationality，and a legal system of applying environmental standard laws with the function of implementation effectiveness.There are some problems in the current legal system of environmental standards in China，such as the lack of reference legal system，the incomplete formulation and revision of legal system，and the confusion of applicable legal system.In view of the above problems，a response plan is established to construct the reference legal system of environmental standards，improve the formulation and revision of legal system of environmental standards，and integrate the applicable legal system of environmental standards.First of all，by clarifying the legal nature of environmental standards，optimizing the system structure of environmental standards and establishing the way of environmental standards citation，the legal system of environmental standards citation is constructed.Secondly，through the improvement of the existing incomplete environmental standard formulation legal system，the implementation of the existing environmental standard revision legal system，the establishment of environmental standard litigation system，improve the process of environmental standard formulation and revision legal system.Finally，by strengthening the power restriction effect of environmental standards and reshaping the correction effect of environmental standards violations，the applicable legal system of environmental standards is integrated.Finally，the“Trinity”environmental standard legal system with the function of ensuring the form legitimacy，content rationality and implementation effectiveness of environmental standards is finally formed，thus realizing the institutional support for the whole process of the integration of environmental law and environmental standards，so as to ensure the effective interaction and cooperation between social rationality and scientific and technological rationality in the process of risk response，and ensure the effective return of environmental law Environmental risk in risk society should be considered.

China’s current legal system of environmental standards is faced with the problems of lack of a legal system for invoking environmental standards，an incomplete legal system for developing and revising environmental standards，and a confusing legal system for applying environmental standards.To solve these problems，a solution that seeks to build a legal system of invoking environmental standards，improve the legal system of developing and revising environmental standards，and rectifying the legal system of applying environmental standards.First，build a legal system of invoking environmental standards by defining the legal nature of environmental standards，optimizing the structure of environmental standards，and establishing the way in which environmental standards are invoked.Second，improve the legal system of developing and revising environmental standards by optimizing the current incomplete legal system of developing environmental standards，implementing the current legal system of revising environmental standards，and building a litigation system of environmental standards.Third，rectify the legal system of applying environmental standards by enhancing the efficacy of power restriction of environmental standards and reshaping the efficacy of rectifying encroachments upon environmental standards.Hence，a“trinity”legal system of environmental standards with the functions of ensuring the form legality，content rationality，and implementation effectiveness of environmental standards can be put in place in the end，laying an institutional foundation for the integration of environmental laws with standards and ensuring that environmental laws can effectively respond to environmental risks in the risk society.

Key Words：Environmental Standards；Legal System of Environmental Standards；State Obligations of the Environmental Protection；Protection and Improvement of Environment；Legal System ofInvoking Environmental Standards；Legal System of Making and Revising Environmental Standard；Legal System of Applying Environmental Standard