自愿性环境协议在我国应用之必要性证成——一种政府规制的视角

On the Necessity of the Application of Voluntary Environment Agreements in China: From the Perspective of Government Regulation

当前,我国环境问题已经到了一个集中爆发期。环境问题爆发本质上是政府环境规制失灵,包括立法的失灵和法律执行层面的失灵。面对环境规制失灵的困局,传统的命令—控制型和基于市场型规制工具的局限性日益显现,新型的高效的规制工具及其组合成为政府、企业和公众等各方的迫切需求。在此背景下,具有预防沟通、公众参与、规范填补、经济高效等强大功能的自愿性环境协议在我国的引入和应用就水到渠成了。

China＇s environmental problems are breaking out now. Essentially speaking, the reason of the outbreak of environmental problems lies in the government environmental regulation failure, including the legislation failure and the failure of law enforcement. Under the dilemma of environmental regulation failure, the disadvantages of traditional command-and-control approach and market-based instrument become visible, new types of high efficient regulation tools and their combinations become imperious demands of government, enterprises and the public at the same time. In this background, the introduction and application of voluntary environmental agreements, which has many powerful functions, such as prevention and communication, public participation, supplying the legal gaps, cost-effective and high efficiency is undoubtedly appropriate.