从文本到问题:有关新《环境保护法》的分析和评述

From the Text to the Problem: Analysis and Commentary on the New Environment Protection Law

新修订的《环境保护法》,无论从修改内容之大、历时时间之长和审议次数之多,均创造了我国立法史的记录。该法在立意定位、制度完善、机制创新、监管强化、责任严格等方面具有许多亮点。同时,也存在基本法地位不明、立意有待提升、政府责任不清、诉讼时效太短、国际合作内容缺失、实施落实困难等瑕疵和缺陷,有待在实施过程中加以弥补。

The newly-revised Environment Protection Law has broken legislative history records in terms of the changes in its content, the long time it takes and the times of review conference. It has many highlights, such as the positioning of conception,system perfection, mechanism innovation, the strengthening of regulation, and the emphasis of responsibility. Meanwhile, there are also such defects as the unclear status of the basic law, the limitation of its conception, the ambiguous responsibilities of government, the inadequate statute of limitations, the lack of international cooperation, and the difficulty of implementation, which are to be remedied in the process of the implementation.