“十一五”中国环境法治回顾、评价与展望

Review, Remark and Prospect on China Rule of Environmental Law During the 11th Five-year Program Period

中国环境法治在"十一五"时期取得新的进展。一批重要的法律、法规和制度相继颁布或建立,物权法和刑法等基本法律对环境保护有突破性规定;环境执法体制不断完善,联合执法成为明显趋势;环境司法和法律监督显著加强。"十一五"环境法治在取得突出进步的同时,也存在一些不容忽视的问题。展望"十二五"时期的环境法治建设,需要抓紧修改《环境保护法》等法律、法规,制定《农村环境保护法》等新的立法;需要完善环境执法监督网络,健全环保目标考核和责任追究机制等;还需要继续强化司法的环境保护功能和人民代表大会对环境法律实施情况的监督。

The 11th five-year program period saw new progress of Chinese environmental law. A number of important laws, regulations and systems were introduced or established; the basic laws such as property law and criminal law made breakthrough provisions on environmental protection; the environmental law enforcement system continued to be perfect and the joint-enforcement was in evident tendency; environmental justice and legal supervision was strengthened significantly. While the outstanding progress was made there were still some problems that could not be ignored. In prospecting the construction of environmental law during the 12th Five-year Program period, the revision of the laws and regulations such as 'Environmental Protection Law' and the legislation on 'Rural Environmental Protection Law' need be achieved in time; environmental law enforcement supervision network, environmental protection target examination and accountability mechanism need be perfected; and the environmental protection function by the justice and the supervision by the National People's Congress on the environmental law implementation need continue to be strengthened.