Abstract: China’s basic stateenvironmental policy has experienced historical transition from “political and policy category” to “constitutional and law category”.Principle of legality should be followed to prevent leadership interferences,extensive use of policy,random decision-making and execution of individual department.Presently the basic state policies included in the law are “protection of environment”,“conservation of resources”,“rational utilization of land” and “practical protection of farmland”.With the policy of “conservation of water and soil” coming to an end,other state environmental policies should play their roles to protect environment.The policy of “environmental protection” has its right reason to be included in the law,and the traditional policy clauses should be abandoned.Theories of institutional guarantee and constitutional entrustment should be applied to national public power to intensify its obligation to protect environment.

Key words: environmental protection, basic state policy, state environmental obligation, legalism, review, normative effect