公民环境责任及其法律化研究
发布时间：2018-07-31 05:23
【摘要】：随着20世纪震惊世界的“八大公害事件”以及越来越严重的酸雨、臭氧层破坏等全球性环境问题的出现,我们已经认识到自然环境的重要性,更进一步意识到人类环境共同体的意义。为了在满足日益增长的物质需求的同时维持人与自然的和谐发展,我们提出了可持续发展的理念,可持续发展以保护自然环境为基础,讲求发展与资源环境的承载能力相协调,即要求发展的同时注意保护环境,包括控制环境污染,改善环境质量,保护环境支持系统,保护生物多样性,保持地球生态的完整性等。由此可以看出,可持续发展要求人类在发展的同时积极承担保护环境的责任。环境责任不仅是保护环境的基本手段,更是实现可持续发展的基本要求。 早在1972年的《人类环境宣言》就规定了人类负有保护和改善当代及后代赖以生存和发展的环境的责任,此责任任重而道远。就目前状况来看,环境责任的具体落实效果并不好,全球环境问题也一日严重,笔者认为,造成这种现象的原因除了客观现实条件的限制外,环境责任系统性研究的缺乏也是其中的一个重要原因。作为人类环境共同体客观要求的环境责任是任何共同体成员都要承担的责任,其主体具有广泛性的特征。公民作为社会以及人类环境共同体中最为普遍的基本组成成员,其环境责任的落实对可持续发展的具体实施起到基础性的促进作用。 对公民环境责任的研究,首先要对公民承担环境责任的背景及其理论基础有个明确的把握。从根本上说,公民的环境责任作为公民责任的组成部分,来自于公民身份内涵的发展,是人的主体性要求的体现,是人类对自然环境价值的重新审视并予以尊重的表现;从其存在的必要性和实施的可行性来看,公民的环境责任不仅是人类环境共同体的客观要求,同时有着相比其他环境主体环境责任的优势;从内涵上看,公民的环境责任要符合环境保护中“预防为主、防治结合”基本原则的要求,又要有与时俱进的特点。因此,公民环境责任不仅是事后责任,更是一种事前责任。 公民的环境责任首先是一种道德责任,而这种道德责任实施需要较高环境责任意识的支配,而缓慢的责任意识提高过程不能满足日益迫切的环境保护需求,因此,我们提出了公民环境责任的法律化,即公民的环境法律责任。当前,学界多从狭义的角度对环境法律责任进行定义,认为其是一种否定性的法律责任,这一定义随着环境问题的日益复杂已逐渐显露出其在环境保护中的缺憾。笔者认为,环境法律责任是相比环境法律权利与环境法律义务更为基础的范畴,因而,公民的环境法律责任应从广义上定义为肯定性的、义务性的以及否定性的环境责任。公民的环境法律责任不仅能够弥补公民环境道德责任的不足,同时能够起到完善环境法律体系的积极作用。因此,当务之急就是对公民环境法律责任的完善,此过程的完成不仅需要环境法律权利、环境法律义务在理论层面上的支持,还要有相应的具体法律制度予以保障实现。另外,公民环境法律责任的完善推动了整个环境法律体系的发展,这种发展不仅体现在环境法的立法理念、立法目的以及基本原则上,还表现在具体的法律责任制度上。
[Abstract]:With the emergence of global environmental problems, such as the "eight major hazards" in the world, as well as the increasingly severe acid rain, and the destruction of the ozone layer, we have realized the importance of the natural environment and further realize the significance of the human environment community. In order to meet the material needs of the growth of the day, we should maintain the human and self. With the harmonious development, we put forward the concept of sustainable development. The sustainable development is based on the protection of the natural environment, and the development is coordinated with the carrying capacity of the resources and environment, that is, to protect the environment while the development is required, including the control of environmental pollution, the improvement of the environmental quality, the protection of the environmental support system, the protection of biodiversity, and the preservation of the biodiversity. The integrity of the earth's ecology, and so on. Thus, it can be seen that the sustainable development requires the human beings to undertake the responsibility of protecting the environment while developing. Environmental responsibility is not only the basic means of protecting the environment, but also the basic requirement for the realization of the sustainable development.
As early as the declaration of the human environment in 1972, the responsibility for the protection and improvement of the environment for the survival and development of contemporary and future generations was laid down. In the present situation, the specific implementation of environmental responsibility was not good and the global environmental problem was serious. The lack of systematic research on environmental responsibility is one of the important reasons for the lack of systematic research on environmental responsibility. Environmental responsibility, as an objective requirement of the human environment community, is the responsibility of any community member. Its main body is characterized by extensive characteristics. Citizens are the most common in the community as well as in the human environment community. The implementation of its environmental responsibility plays a fundamental role in promoting the concrete implementation of sustainable development.
In the study of civic responsibility, we must have a clear grasp of the background and theoretical basis of civic responsibility. Fundamentally, the environmental responsibility of citizens, as part of the civic responsibility, comes from the development of the connotation of citizenship, the embodiment of the requirement of human subjectivity and the re value of human nature to the natural environment. In view of the necessity and feasibility of its existence, the environmental responsibility of the citizen is not only the objective requirement of the human environment community, but also the advantages of the environmental responsibility of other environmental subjects. From the connotation, the environmental responsibility of the citizens should be consistent with the prevention and the combination of prevention and control in the environment protection. "The basic principle requires that we should keep pace with the times. Therefore, citizen's environmental responsibility is not only a post-mortem responsibility, but also a pre-mortem responsibility.
The environmental responsibility of citizens is a moral responsibility first, and the implementation of this kind of moral responsibility needs a high sense of environmental responsibility, and the slow process of increasing the sense of responsibility can not meet the increasingly urgent needs of environmental protection. Therefore, we have put forward the legal responsibility of citizens' environmental responsibility, that is, the legal responsibility of citizens. The definition of environmental legal responsibility in the narrow sense is considered as a negative legal responsibility. With the increasing complexity of environmental problems, this definition has gradually revealed its shortcomings in environmental protection. The legal responsibility of citizens should be defined as affirmative, compulsory and negative environmental responsibility in a broad sense. The environmental legal responsibility of citizens can not only make up for the shortage of citizens' environmental moral responsibility, but also play an active role in improving the environmental legal system. Therefore, the urgent task is to be responsible for the legal responsibility of the citizens' environment. Perfect, the completion of the process not only requires environmental legal rights, environmental legal obligations in the theoretical level of support, but also the corresponding specific legal system to ensure the realization. In addition, the improvement of the legal responsibility of the civil environment has promoted the development of the whole environmental legal system. This development is not only reflected in the legislative concept of environmental law, but also in legislation. The purpose and basic principles are also reflected in the specific legal liability system.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D912.6
本文编号：2154551
[Abstract]:With the emergence of global environmental problems, such as the "eight major hazards" in the world, as well as the increasingly severe acid rain, and the destruction of the ozone layer, we have realized the importance of the natural environment and further realize the significance of the human environment community. In order to meet the material needs of the growth of the day, we should maintain the human and self. With the harmonious development, we put forward the concept of sustainable development. The sustainable development is based on the protection of the natural environment, and the development is coordinated with the carrying capacity of the resources and environment, that is, to protect the environment while the development is required, including the control of environmental pollution, the improvement of the environmental quality, the protection of the environmental support system, the protection of biodiversity, and the preservation of the biodiversity. The integrity of the earth's ecology, and so on. Thus, it can be seen that the sustainable development requires the human beings to undertake the responsibility of protecting the environment while developing. Environmental responsibility is not only the basic means of protecting the environment, but also the basic requirement for the realization of the sustainable development.
As early as the declaration of the human environment in 1972, the responsibility for the protection and improvement of the environment for the survival and development of contemporary and future generations was laid down. In the present situation, the specific implementation of environmental responsibility was not good and the global environmental problem was serious. The lack of systematic research on environmental responsibility is one of the important reasons for the lack of systematic research on environmental responsibility. Environmental responsibility, as an objective requirement of the human environment community, is the responsibility of any community member. Its main body is characterized by extensive characteristics. Citizens are the most common in the community as well as in the human environment community. The implementation of its environmental responsibility plays a fundamental role in promoting the concrete implementation of sustainable development.
In the study of civic responsibility, we must have a clear grasp of the background and theoretical basis of civic responsibility. Fundamentally, the environmental responsibility of citizens, as part of the civic responsibility, comes from the development of the connotation of citizenship, the embodiment of the requirement of human subjectivity and the re value of human nature to the natural environment. In view of the necessity and feasibility of its existence, the environmental responsibility of the citizen is not only the objective requirement of the human environment community, but also the advantages of the environmental responsibility of other environmental subjects. From the connotation, the environmental responsibility of the citizens should be consistent with the prevention and the combination of prevention and control in the environment protection. "The basic principle requires that we should keep pace with the times. Therefore, citizen's environmental responsibility is not only a post-mortem responsibility, but also a pre-mortem responsibility.
The environmental responsibility of citizens is a moral responsibility first, and the implementation of this kind of moral responsibility needs a high sense of environmental responsibility, and the slow process of increasing the sense of responsibility can not meet the increasingly urgent needs of environmental protection. Therefore, we have put forward the legal responsibility of citizens' environmental responsibility, that is, the legal responsibility of citizens. The definition of environmental legal responsibility in the narrow sense is considered as a negative legal responsibility. With the increasing complexity of environmental problems, this definition has gradually revealed its shortcomings in environmental protection. The legal responsibility of citizens should be defined as affirmative, compulsory and negative environmental responsibility in a broad sense. The environmental legal responsibility of citizens can not only make up for the shortage of citizens' environmental moral responsibility, but also play an active role in improving the environmental legal system. Therefore, the urgent task is to be responsible for the legal responsibility of the citizens' environment. Perfect, the completion of the process not only requires environmental legal rights, environmental legal obligations in the theoretical level of support, but also the corresponding specific legal system to ensure the realization. In addition, the improvement of the legal responsibility of the civil environment has promoted the development of the whole environmental legal system. This development is not only reflected in the legislative concept of environmental law, but also in legislation. The purpose and basic principles are also reflected in the specific legal liability system.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D912.6
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