页岩气开发中环境法律制度的完善:一个初步分析框架

Perfecting the System of Environmental Law in Shale Gas Development:A Preliminary Analytical Framework

页岩气开发是我国2012年开始的新能源战略重点突破口,但开发过程可能引致多种类型且难以逆转的环境风险。通过逻辑演绎和扩大解释,我国既有的环境法律体系可以用于规制页岩气开发的部分环境风险,但存在专门立法空白、环境风险管理制度与措施的间接性、零散性等弊病。美国已率先实现了页岩气大规模商业开发,其应对环境风险的立法经验可资借鉴:提供多种社会群体利益表达的制度通道,规制立法的统一化与分散化的结合,为规范页岩气开发及其环境风险规制进行专门立法。我国构建页岩气开发环境问题规制制度体系应从以下几个方面展开:体系化厘清页岩气开发中的权属制度、对环境影响评价制度和公众参与制度进行针对性扩展、构建页岩气开发环境风险规制的区块防治制度体系和进行专门立法等。

Shale gas development is China's energy strategy breakthrough which began in 2012,but the development process may lead to multiple types of environmental risk that is unlikely to be reversed.Our country's existing environment legal system can regulate parts of the environmental risk of shale gas development by logical deduction and expanded interpretation.However,there are some maladies such as the lack of special legislation,and the indirectness and scatteredness of environmental risk regulation system.The United States has been the first to achieve large-scale commercial development of shale gas,and its legislative experience in environmental risk can be used for our reference: providing a variety of system channels for social groups to express their interests,combining the unified and decentralized regulation and legislation,and making special legislation to standardize shale gas development and its environmental risk.In China,constructing the legal system to regulate the environmental risk of shale gas development should take into account the following aspects: having the systematic clarification for the ownership system of shale gas development,focusing on expanding the environmental impact assessment system and the system of public participation,and constructing regional control system and special legislation for the environmental risk of shale gas development.