论我国区域环境治理中的共同但有区别责任原则

On the principle of common but differentiated responsibility in regional environmental governance of China

国内区域环境治理和全球环境治理同样面临责任区分问题。共同但有区别责任原则为发达国家和发展中国家提供了合理的全球环境治理责任分配范式,有效引导了世界各国的广泛参与。国内环境治理基于环境问题产生的历史根源、各自能力区别以及环境问题的严峻性而在不同区域之间存在着共同责任与区别责任。在环境法中确立共同但有区别责任原则并据此完善生态补偿、环境税收以及环境公益诉讼等制度,有利于实现区域环境治理目标,践行环境正义,促进生态文明建设。

Domestic regional environmental governance and global environmental governance face the same problem of responsibility distribution. The principle of common but differentiated responsibility of international environmental law provides a reasonable paradigm for the distribution of global environmental governance responsibilities between developed and developing countries, which effectively evokes the broad participation of all countries. There also exist ＂common responsibilities＂ and ＂differentiated responsibilities＂ between different regions in China for the reasons of historical roots of environmental problems, differentiated capacities and seriousness of environmental problems. The establishment of principle of common but differentiated responsibility in environmental law and establishment of system of ecological compensation, environmental taxation and environmental public interest litigation according to it are beneficial to realize the regional environmental governance objectives, practice environmental justice and promote the construction of ecological civilization.