论文部分内容阅读
我国正面临着严峻的环境问题,亟待梳理环境私法和环境公法的系统衔接问题。现代环境治理不仅需要扩展和创新传统的民事权益保护规范,而且基于公共安全与秩序保障,以及风险预防原则,更需国家公权力的积极介入,尤其需要:结合污染排放标准和环境质量标准为基础的行政准入许可制,这是环境直接监管的核心;结合环境规划、环境影响评价、环境经济手段和公众参与等多种行政规制方式;辅之以环境刑法的保障。我国环境法在环境责任的整体系统性理解与法律构建方面,仍有一定不足。此外,在环境司法实践上,亟需环境法律责任的系统性理解。综合性的环境保护不仅要求将环境利益纳入传统法律法益考量中,还要求环境权益在民事、行政和刑法中系统地协同保障。
China is facing serious environmental problems, and it is urgent to sort out the system convergence of environmental private law and public environmental law. Modern environmental governance not only needs to expand and innovate the traditional norms of civil rights protection, but also requires the active intervention of state public power based on public safety and order protection and risk prevention principles. In particular, it needs to be based on the combination of pollution discharge standards and environmental quality standards Which is the core of environmental direct supervision. Combining various administrative regulations such as environmental planning, environmental impact assessment, environmental economic measures and public participation, supplemented by the protection of environmental criminal law. China’s environmental law still lags behind in the overall systematic understanding and legal construction of environmental responsibility. In addition, there is an urgent need for a systematic understanding of environmental legal responsibilities in environmental and judicial practice. Comprehensive environmental protection not only requires the incorporation of environmental benefits into the consideration of traditional legal interests, but also requires that environmental rights and interests be systematically and cooperatively protected in civil, administrative and criminal law.