试论环境标准的法律意义

On the legal effects of environmental standards

环境标准是环境法上一项重要而又特殊的制度,随着对环境标准认识的日渐深入,研究环境法实施过程中环境标准的法律意义尤为必要。环境标准的法律意义依其作用的领域主要可划分为两类,一是作为环境行政管理尤其环境执法的重要手段和依据的特殊意义,二是作为环境行为违法性的判定标准之一在司法中所起的作用。目前的分析研究偏重于环境标准与环境法律责任关系问题,过分夸大了其在司法领域的作用;事实上,环境标准法律意义的重心还在于它是环境行政管理的重要手段和环境执法的重要依据,环境标准还不足以成为司法判断行为违法性的唯一依据。重视和充分发挥环境标准在环境行政中的作用,具有重要的现实意义。

Environmental standard is a very important as well as special system in the Environmental Law. With the deeper and deeper research into Environmental standard, to study the legal effects of environmental standards in carrying out the environmental laws makes extremely differences. The legal effects of environmental standards may be divided into two types according to their effect field. One is the special effect as an important method in environmental administration, especially in the enforcement of environmental law. The other is the effect as a standard to determine the illegality of environmental actions in the jurisdiction. At the moment, research about environmental standards carries mere on the relation between environmental standards and legal responsibilities in environmental law, which exaggerates the effects of environmental standards in the jurisdiction. In fact, the more important aspect in the legal effects of environmental standards is that it is the key method in the environmental administration as well as an important basic for environmental execution. It can not be the only standant in determining the illegality in jurisdiction. Therefore, it deserves to emphasize the key effects of environmental standards in environmental administration and bring it into full play.