对中国环境法制建设的思考

Thoughts on the construction of China's environmental legal system

新《环境保护法》取得了五个方面的制度创新,建立地方政府对环境质量责任制度,完善解决违法成本低的监管制度,为制定破解资源低价、环境廉价问题的政策提供了法律依据,完善环保社会治理体系,依靠技术创新解决环境问题。然而环境法制建设仍面临诸多艰难的挑战:一是严峻环境形势的巨大压力,二是环境群体性事件高发的巨大压力,三是环境公平失衡的巨大压力,四是环境法规自身不完善的巨大压力。改革环境法制未来的八大政策走向包括:转变政府职能,区分两种性质不同的排污行为,一次性清理环评监管的历史遗留问题,严格追究污染损害赔偿责任,建立重污染企业退出机制,转变环保执法意识和执法方式,在法制精神和市场机制基础之上建立多样化的环境风险预防、赔偿和修复资金机制,借鉴适合国情的国际经验。

The new 'environmental protection law'has institutional innovations in five aspects:establishing local government's responsibility system for environmental quality;improving the supervision system for illegal actions which were imposed with low cost previously,providing legal bases for policy formulation to crack low-cost resources and environmental damages,improving the social governance system for environmental protection, and relying on technological innovation to solve environmental problems. However,the construction of environmental legal system still faces many difficult challenges:the first is the great pressure caused by severe environmental situation,the second is the enormous pressure caused by environmental group events occurring frequently,the third is tremendous pressure caused by the environmental inequity,the fourth is the great pressure associated with the imperfect environmental regulations.The environmental legal reform includes eight policy areas in the near future:the transformation of government functions,the division of the two different sewage behaviors,the cleaning-up of historical legacy of EIA regulations,the strict compensation liability for pollution damages,the establishment of exit mechanism for heavily polluting enterprises,the transformation of the consciousness and enforcement of environmental protection law,the establishment of a variety of environmental risk prevention based on the spirit of the rule of law and market mechanism,the funding mechanism for compensation and remediation,as well as international experiences suited to China's national conditions.