论构建“低碳社会”的环境法治进路

On Environmental Law Approach to the Construction of "Low-carbon Society"

构建低碳社会,实现绿色发展,既是民众对国家的殷殷期盼,也是现代国家义不容辞的重责大任。国家建构低碳社会的主要路径是强化有关低碳经济的立法和执法、推进政府与公民间的合作、采行多样化、弹性化的环境管制方式、制定合理的碳排放标准以及引入环境公民诉讼制度,等等。低碳举措须接受法律保留、正当法律程序、平等原则、比例原则等行政法原则的检验。

It has been both people＇s expectation from their country and the unshirkable responsity of modern country to build a low-carbon society and realize green development. The main path to the state practice of environmental obligations is to strengthen the legislation and law enforcement about low-carbon society, promote the cooperation between the government and citizens, adopt diversified and flexible mode of environmental regulation, establish reasonable carbon emission criteria, introduce environmental citizen suit system and so on. The adoption of low carbon initiatives must also subject to such tests of constitutional norms as the rule of law, due process, proportion, equality and so on.