以地方立法引导自然资源生态与经济效益契合

The Agreement of Ecological Benefit with Economic Benefit in Respect to Natural Resources in Accordance with Local Legislation

近年来自然资源所有权行使中的生态责任凸显,治理效果却很微弱,主要原因是相关制度难以激发责任主体对生态环境保护的内在动力。提出生态与经济两种效益契合的立法引导问题,是一个新型的立法原则倡导,也是缓解乃至消弭经济发展与生态环境保护张力的具有较高可行性的方向。这方面国家层面的立法较多空白和模糊,正是地方立法大显身手的空间和时机。文章从立法引导两种效益契合的总体思路、达至经济效益与生态效益双赢的原则要求和制度途径、注意立法针对性与张力相结合、增强立法的系统性和协调性等方面对这一问题进行了探讨。

In recent years, ecological responsibility has become prominent in the exercise of natural resources ownership. Yet, governance effect is very weak. This is because relevant system has not really aroused the internal motivations of the subject of responsibility to protect ecological environment. On this basis, the suggestion of the agreement of both ecological and economic benefits in accordance with legislation means a new initiative of legislative principles; it is a direction with high feasibility for relieving and preventing the tension between economic development and ecological environment protection. In this regard, the legislation at the national level is in the state of emptiness and confusion. So it is the space and time for local legislation to take the spotlight. Under this circumstance, this paper focuses on the general idea with regard to ecological and economic benefits in accordance with legislation, discusses win-win principle requirements and institutional approaches of economic and ecological benefits, engages attention to the integration of the ambiguous pertinence of legislation and its tension, and boosts system and co-ordination of the legislation.