欧盟环境法的新近发展与不足及其对中国的启示

Recent Development,Shortages and Implication of EU Environmental Law

作为独特的环境法治模式,欧盟环境法在我国环境法学研究与立法中备受推崇。然而,现有欧盟环境法研究普遍存在理想主义倾向,欧盟环境法治的内在不足与缺陷往往无人提及。为此,文章首先阐述了欧盟第六个环境行动规划、环境责任、气候变化、化学品管理等领域的新近发展,随即剖析了薄弱的基础法依据、易变的指导思想、执行不足的困境、一体化的悖论等欧盟环境法治依然存在的内在缺陷。最后,文章探究了欧盟环境法新发展及不足对中国环境法治的启示。

As the global challenge, environmental problem and protection do not rely too much on economic and political regimes. Countries tend to learn from each other. European Union embraces a most developed environmental legal system around the world; hence it inevitably becomes an object of reference and transplant within the context of environmental law. However, an prevailing notion in the EU environmental law study is that all the instruments, legislations and running conditions are faultless, and this is overidealistic. This paper, after explicating the latest development of EU environmental law, pays great emphasis on the deficits of the rules of environmental law in EU. Then it draws a conclusion on the implication of EU environmental law to China not only based on the development but also on the deficits analyzed.