生态文明视野下生产者环境法律责任研究

发布时间：2019-02-25 14:59

【摘要】：胡锦涛同志在中国共产党十七大报告中明确指出：“建设生态文明,基本形成节约能源和保护生态环境的产业结构、增长方式、消费模式。”自党的正式文件第一次确认生态文明概念并提出建设生态文明后,生态文明成为各学界尤其是环境资源法学界研究的热点。生态文明建设要求每个单位、每个家庭承担起更严格、更全面的责任。而搞好节能减排,推进绿色生产和绿色消费,发展循环经济,实施可持续发展战略,都需要生产者承担起重任。传统的生产者环境责任主要集中在生产过程阶段,被追究的法律责任主要是以污染物的达标排放和排污收费为形式,其理念是污染物的末端治理。随着清洁生产污染预防战略的推行,污染控制理念由以往的“末端控制”向“源头控制”转移。2002年我国《清洁生产促进法》的出台,标志着我国污染预防和控制战略已步入法治轨道。清洁生产不仅要求生产过程的无污染、少污染,最大可能地节约原材料和能源,而且要求产品本身绿化,即减少产品在整个生命周期中对人类和环境的影响。如果说《清洁生产促进法》已经有对生产者“全过程控制”的理念的体现,那么《循环经济促进法》是对生产者“全过程控制”理念的确认。所谓“全过程控制”理念,就是对生产者在其生产前、生产中、产品被消费后所可能引起的环境问题作全盘的考虑,使其承担产品的整个生命周期内的责任。目前,由生产者承担在产品的整个生命周期内的环境责任的做法逐渐被人们接受,并进而在许多国家的环境立法中被确立。但不可否认的是,在传统污染末端控制理念下产生的生产者环境责任的存在,使“全过程控制”理念尚未完全确立,与生态文明的要求还很远。基于以上考虑,本文首先阐释了对生态文明的理解,结合十七大报告中关于生态文明的论述,分析我国生产者在生态文明建设中的作用及其环境责任与生态文明背离的情况。接着从环境法律责任和生产者环境法律责任的概念分析入手,论述为适应生态文明的新要求,我国生产者环境法律责任的发展趋势：责任内容的扩大、责任构成要件的松动、责任的严厉性。再接着分析了我国生产者环境法律责任现状、域外生产者环境法律责任现状,找出目前我国生产者环境法律责任存在的不足：尚未完全确立全过程控制理念、法律规定过于原则、生产者的环境责任追究力度不够等。最后从生态文明建设的新要求分析,提出了我国生产者环境法律责任完善的途径。
[Abstract]:Comrade Hu Jintao clearly pointed out in the report of the 17th National Congress of the Communist Party of China: "the construction of ecological civilization will basically form an industrial structure, growth mode, and consumption pattern that conserve energy and protect the ecological environment." Since the official document of the Party confirmed the concept of ecological civilization for the first time and put forward the construction of ecological civilization, ecological civilization has become a hot spot in various academic circles, especially in the field of environmental and resource law. Ecological civilization construction requires each unit, each family to assume a more stringent, more comprehensive responsibility. It is important for producers to do well in energy saving and emission reduction, promote green production and consumption, develop circular economy and implement sustainable development strategy. The traditional producer environmental responsibility is mainly concentrated in the stage of production, and the legal responsibility is mainly in the form of pollutant discharge up to standard and sewage charge, and its idea is to treat pollutants at the end. With the implementation of pollution prevention strategy in cleaner production, the concept of pollution control has been transferred from "terminal control" to "source control". The introduction of Cleaner production Promotion Law in 2002, It marks that China's pollution prevention and control strategy has entered the rule of law track. Cleaner production not only requires the production process not only to be pollution-free, less pollution, but also to save raw materials and energy as much as possible, but also requires the greening of the product itself, that is, to reduce the impact of the product on human beings and the environment throughout the life cycle. If the "Cleaner production Promotion Law" already embodies the idea of "whole process control" for producers, then the Circular economy Promotion Law is a confirmation of the concept of "whole process control" for producers. The so-called "whole process control" concept is to make an overall consideration of the environmental problems that may arise when the product is consumed before and during the production, so as to make the producer assume the responsibility of the whole life cycle of the product. At present, the practice that producers assume environmental responsibility throughout the life cycle of a product is gradually accepted and then established in many countries' environmental legislation. However, it is undeniable that the existence of producer environmental responsibility under the traditional concept of end-of-pollution control makes the concept of "whole process control" not fully established, and it is still far from the requirement of ecological civilization. Based on the above considerations, this paper first explains the understanding of ecological civilization, combined with the report of the 17th National Congress on ecological civilization, analyzes the role of producers in the construction of ecological civilization and the deviation between environmental responsibility and ecological civilization. Then starting with the concept analysis of environmental legal responsibility and producer environmental legal responsibility, this paper discusses the development trend of producer environmental legal responsibility in order to adapt to the new requirements of ecological civilization: the expansion of the content of responsibility, the loosening of the constituent elements of responsibility, and the development trend of the environmental legal responsibility of producers in China. The harshness of responsibility. Then it analyzes the current situation of producer environmental legal responsibility in our country, and finds out the deficiency of the producer environmental legal responsibility in our country: the whole process control concept has not been fully established yet, and the current situation of the producer environmental legal responsibility in our country has been found out. The law prescribes too much principle, the producer's environmental responsibility investigation intensity is insufficient and so on. Finally, based on the analysis of the new requirements of ecological civilization construction, this paper puts forward the ways to perfect the environmental legal responsibility of producers in China.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68

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