二战后德国环境法制建设及发展趋势研究

On the Development and Future Trends of German Environmental Law after World War Ⅱ

二战后德国不惜以破坏环境为代价大力发展经济,生态危机的出现与环境公害事件的发生,迫使政府制定与实施了应急性与技术性的环境法律法规来进行污染治理。在完成治理目标后,环境法的制定逐步转变为以政策为导向,以预防为目标,并不断注重法律的整体性。德国环境法原则明确、重视事前预防与信息公开,环境治理与保护在公众的积极参与下成效显著,在全球合作的大背景下,德国将通过科技创新与政策支持大力促进循环经济的发展与可再生能源的使用。中国快速的经济发展造成了环境污染与资源浪费,德国环境法制建设对我国的环保工作具有诸多借鉴之处,中国需要结合本国国情与特点,完成从环境污染型经济增长到环境友好型经济发展的转变。

Mter the Second World War, Germany vigorously developed its economy at the expense of environmental destruc- tion. The ecological crisis and environmental pollution incidents forced the Government to carry out and implement environmental laws and regulations to control the pollution. Later, the environmental law gradually tended to be policy- oriented and consider environmental prevention as the goal, and constantly focused on the integrity of the law. Now, the principles of environmental law of Germany are clear, and it pays attention to the prevention and the publicity of information, thus the environmental govern- ance and protection have achieved remarkable achievements under the active participation of the public. From pollution to envi- ronmental governance and then to the environmental prevention, Germany has made remarkable achievements and its successful experience has important reference value to other countries＇ environmental protection. In the context of global cooperation, Ger- many will rely on scientific and technological innovation as well as policy support to vigorously promote the development of circu- lar economy, and will actively promote the use of renewable energy. The rapid economic development in China has caused seri- ous environmental pollution and huge waste of resources. In this aspect, we could draw useful lessons from German environmen- tal law, and endeavor to complete the transformation from environmental - polluting economic growth to environmental - friendly economic development with the consideration of its national conditions and characteristics.