中国环境资源法律实施的障碍及对策研究
发布时间：2018-08-28 06:03
【摘要】： 全面实现小康社会必须在科学发展观的指导下,从经济增长、社会进步和生态安全三方面相协调出发,保持国民经济健康、持续、快速发展,这就要求我们在全面建设小康社会的过程中,正确处理经济建设与环境保护、资源有效利用的关系,建设有利于人类生存和发展的环境友好型和资源节约型社会。20世纪70年代以来,中国的环境立法有了很大的发展,至今已形成了较为完备的体系,但是“徒法不足以自行”。中国要全面实现小康社会的目标,未来20年的重要任务之一就是要解决好环境资源问题,而解决环境资源问题的关键就在于能否在健全环境资源法律的基础上有效地实施环境资源法律。环境资源法律的实施,是环境法制建设的关键环节。而现实的情形是,环境资源法律的实施不尽如人意,执法中管理体制不顺、职责不清,公众环境守法意识不高、参与制度缺失等问题普遍存在。因此,在确立环境资源法律实施的重要性和价值的基础上,迫切需要全面审视环境资源法律实施中存在的问题与障碍,探讨与寻求环境资源法律实施的对策与出路,以解决中国环境资源法律实施的理论认识与实践保障问题。 本文将紧密结合近年来中国环境资源法律实施的实际情况,以全面建设小康社会对资源节约和环境友好的基本需求为基础进行深入研究,在多元化视角下,对环境资源法律实施的基本问题进行阐述,对环境资源法律实施的重要性和价值进行研究,对中国环境资源法律实施的障碍及造成障碍的原因进行多角度分析,并从理论与实践上为环境资源法律的实施困境寻找解决的对策。 除去绪论和结语,本文共分为四部分。 第一部分——环境资源法律实施概述。首先,对环境资源法律实施中相关概念进行了界定和分析。然后阐述了环境资源法律实施的价值和重要性,指出环境资源法律的有效实施能够促进人与环境的和谐、实现“代际公平”的目标、保障可持续发展目标的实现。 第二部分——环境资源法律实施的具体审视。这一部分,首先介绍了中国环境资源法律实施的现状,并以日本、美国为例对国外环境资源法律实施的经验进行了借鉴。接着,阐述了环境资源法律实施的具体内容,指出环境资源法律实施包括环境资源守法、环境资源执法、环境资源司法和环境资源法律实施监督四个方面的内容,分别对它们进行了系统介绍。 第三部分——中国环境资源法律实施的障碍及成因。影响环境资源法律实施的因素包括制度性因素和具体性因素,这部分首先从环境资源法律的立法不足、环境资源法律体系的不健全、环境资源法律实施评价标准的欠缺三个方面分析了环境资源法律实施的制度性因素。然后从环境资源法律实施的主体角度考虑,具体分析了公众环境守法、环境执法、环境司法和环境监督等方面存在的问题及成因。 第四部分——突破中国环境资源法律实施障碍的法律对策。这一部分从完善环境资源法律体系和实施机制、健全环境资源法律实施的外部制度、提高公众的环境资源守法意识、提升环境执法水平和司法水平、建立环境资源法律实施的评价标准、充分发挥环境资源法律实施监督的作用等方面为中国环境资源法律实施障碍寻求对策,以促进中国环境资源法律的有效实施。
[Abstract]:To realize a well-off society in an all-round way, we must proceed from the coordination of economic growth, social progress and ecological security under the guidance of the scientific outlook on development, so as to keep the national economy healthy, sustainable and rapid development, which requires us to correctly handle the relationship between economic construction and environmental protection, and the effective use of resources in the process of building a well-off society in an all-round way. Since the 1970s, China's environmental legislation has made great progress and has formed a relatively complete system, but "the law is not enough for itself". To achieve the goal of a well-off society in an all-round way, one of the important tasks in the next 20 years will be To solve the problem of environment and resources, the key to solve the problem of environment and resources lies in whether the law of environment and resources can be effectively implemented on the basis of perfecting the law of environment and resources. Problems such as unfavorable management system, unclear responsibilities, low awareness of environmental law-abiding by the public and lack of participation in the system are widespread. Therefore, on the basis of establishing the importance and value of the implementation of environmental resources law, it is urgent to examine the existing problems and obstacles in the implementation of environmental resources law comprehensively, and to explore and seek the Countermeasures for the implementation of environmental resources law. Strategies and solutions to solve the theoretical understanding and practical guarantee of China's environmental resources law enforcement.
This article will closely combine the actual situation of the implementation of environmental resources law in China in recent years, and make a thorough study on the basis of the basic needs of building a well-off society in an all-round way for resource conservation and environmental friendliness. From the perspective of diversification, it will expound the basic problems of the implementation of environmental resources law, and the importance and price of the implementation of environmental resources law. Value of research, China's environmental and resources law enforcement obstacles and the causes of obstacles from various angles, and from the theory and Practice for the implementation of environmental and resources law to find solutions to the plight.
Except for the introduction and conclusion, this article is divided into four parts.
The first part is an overview of the implementation of environmental resources law. Firstly, the relevant concepts in the implementation of environmental resources law are defined and analyzed. Then, the value and importance of the implementation of environmental resources law are expounded. It is pointed out that the effective implementation of environmental resources law can promote the harmony between human beings and the environment, realize the goal of "intergenerational equity" and guarantee. The realization of the goal of sustainable development.
The second part is the concrete examination of the implementation of environmental resources law. This part firstly introduces the current situation of the implementation of environmental resources law in China, and takes Japan and the United States as examples to draw lessons from the experience of the implementation of foreign environmental resources law. It includes four aspects: environmental resources law-abiding, environmental resources law enforcement, environmental resources justice and environmental resources law enforcement supervision.
The third part is the obstacles and causes of the implementation of environmental resources law in China. The factors affecting the implementation of environmental resources law include institutional factors and specific factors. This part first analyzes the inadequacy of environmental resources law legislation, the imperfection of environmental resources law system, and the lack of evaluation criteria for the implementation of environmental resources law. Secondly, from the perspective of the main body of environmental resources law enforcement, the paper analyzes the problems and causes of public environmental law-abiding, environmental law enforcement, environmental justice and environmental supervision.
The fourth part is the legal countermeasures to break through the obstacles in the implementation of environmental and resource laws in China. Price standards, giving full play to the role of supervision in the implementation of environmental resources laws, and other aspects of China's environmental resources law enforcement obstacles to seek countermeasures to promote the effective implementation of China's environmental resources law.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
本文编号：2208466
[Abstract]:To realize a well-off society in an all-round way, we must proceed from the coordination of economic growth, social progress and ecological security under the guidance of the scientific outlook on development, so as to keep the national economy healthy, sustainable and rapid development, which requires us to correctly handle the relationship between economic construction and environmental protection, and the effective use of resources in the process of building a well-off society in an all-round way. Since the 1970s, China's environmental legislation has made great progress and has formed a relatively complete system, but "the law is not enough for itself". To achieve the goal of a well-off society in an all-round way, one of the important tasks in the next 20 years will be To solve the problem of environment and resources, the key to solve the problem of environment and resources lies in whether the law of environment and resources can be effectively implemented on the basis of perfecting the law of environment and resources. Problems such as unfavorable management system, unclear responsibilities, low awareness of environmental law-abiding by the public and lack of participation in the system are widespread. Therefore, on the basis of establishing the importance and value of the implementation of environmental resources law, it is urgent to examine the existing problems and obstacles in the implementation of environmental resources law comprehensively, and to explore and seek the Countermeasures for the implementation of environmental resources law. Strategies and solutions to solve the theoretical understanding and practical guarantee of China's environmental resources law enforcement.
This article will closely combine the actual situation of the implementation of environmental resources law in China in recent years, and make a thorough study on the basis of the basic needs of building a well-off society in an all-round way for resource conservation and environmental friendliness. From the perspective of diversification, it will expound the basic problems of the implementation of environmental resources law, and the importance and price of the implementation of environmental resources law. Value of research, China's environmental and resources law enforcement obstacles and the causes of obstacles from various angles, and from the theory and Practice for the implementation of environmental and resources law to find solutions to the plight.
Except for the introduction and conclusion, this article is divided into four parts.
The first part is an overview of the implementation of environmental resources law. Firstly, the relevant concepts in the implementation of environmental resources law are defined and analyzed. Then, the value and importance of the implementation of environmental resources law are expounded. It is pointed out that the effective implementation of environmental resources law can promote the harmony between human beings and the environment, realize the goal of "intergenerational equity" and guarantee. The realization of the goal of sustainable development.
The second part is the concrete examination of the implementation of environmental resources law. This part firstly introduces the current situation of the implementation of environmental resources law in China, and takes Japan and the United States as examples to draw lessons from the experience of the implementation of foreign environmental resources law. It includes four aspects: environmental resources law-abiding, environmental resources law enforcement, environmental resources justice and environmental resources law enforcement supervision.
The third part is the obstacles and causes of the implementation of environmental resources law in China. The factors affecting the implementation of environmental resources law include institutional factors and specific factors. This part first analyzes the inadequacy of environmental resources law legislation, the imperfection of environmental resources law system, and the lack of evaluation criteria for the implementation of environmental resources law. Secondly, from the perspective of the main body of environmental resources law enforcement, the paper analyzes the problems and causes of public environmental law-abiding, environmental law enforcement, environmental justice and environmental supervision.
The fourth part is the legal countermeasures to break through the obstacles in the implementation of environmental and resource laws in China. Price standards, giving full play to the role of supervision in the implementation of environmental resources laws, and other aspects of China's environmental resources law enforcement obstacles to seek countermeasures to promote the effective implementation of China's environmental resources law.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前3条
1 云磊;内蒙古能源开发所涉环境保护法律问题研究[D];华北电力大学（北京）;2011年
2 李斐;中国环境执法监督制度研究[D];中国社会科学院研究生院;2011年
3 张濠;论环保法的多样化实施方式[D];上海交通大学;2010年
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