理论上我们很容易把环境标准误认为是法律的一种,把它也视为环境法的渊源,进而把环境标准视作判定环境行为是否合法的准则。其实,这是不对的,因为环境标准本身并不是法,在现行立法框架下,它只是属于有权制定行政规章的行政主体制定的不属于法规和规章的“行政规范性文件”。 In theory, we can mistakenly regard environmental standards as a kind of law, regard it as the origin of environmental law, and regard environmental standards as the criterion for judging whether environmental acts are legal or not. In fact, this is not correct because environmental standards are not laws in themselves. Under the current legislative framework, they are only “administrative normative documents” that are not subject to laws, regulations and rules set by administrative entities that have the power to formulate administrative rules.