环境修复目标的法律分析

Legal Analysis on the Goal of Environmental Restoration

环境修复在许多国家成为一项法律制度和法律义务后,无论是行政领域还是司法领域,环境修复的实践都在日益增加。设立合理的修复目标是相关立法和实践中的重要问题之一。各国法律确定的修复目标一般是将环境修复到其受损害前的状态,但是实践中所确定的目标与立法上确定的目标往往有偏差,有时甚至差距甚远。实践中的目标是多种利益博弈的结果。在确定环境修复目标时应当综合考虑环境质量标准的要求、污染风险控制的需要、污染场地的开发利用性质、受影响主体的诉求、经济和技术合理性等因素,才能更好地协调法律目标与现实目标的关系,使两者更好地契合。

Environmental restoration practice increase rapidly in both administrative and judicial areas after it become an obligation and responsibility in many countries legal system. Set up a reasonable restoration goal is one of the important things in the relevant legislation and legal practice. The restoration goal in legal principle is usually to restore the damage environment to the status that pollution is not occur,but the relevant practice cases show that the restoration goal in practice always have deviation from the legal principle goal,in some cases the gap is quite big. Actually,the goal in practice is the result of competition of varies interests. In order to coordinate the goal of legal principle and goal of practice,the thesis propose that these factors need to be consideration,the requirement of environmental quality standard,the demand of the risk control of pollution,the nature of the utilization of the contaminated ted site,the claim of the influenced parties,and the reasonablecoat of economic and technologic.