论差序格局下的我国环境信用法律制度建设

The Construction of China’s Environmental Credit Law System under the Pattern of Differences

历史传统塑造了中国当前社会依然为差序格局的社会,其特征是社会按照传统伦理划分为以血缘为中心远近亲疏不同的群体和阶层,也传递到环境信用法律中的人与人、人与自然的关系当中,使市场计价和信用可测度受到局限。文章对比中西方差异性社会关系对环境信用法律规制的影响,认为在立法方面可通过法律主体具体化、法律主体多元化、利益评估程序法制化进行规制,在司法实践方面可通过环境信用数据规范化、疏通跨区域环境信用执行、环境信用执行的责任范围有效界定等方面改进,从而保证法律理论和法律实践的相互促进和统一。

Chinese history has shaped the current society as one with a pattern of difference.It is characterized by the fact blood and close relatioe that society is divided into different groups of people and classes according to traditional ethics,and it is also transmitted to the relationship among people,and between people and nature in environmental credit law,where“market pricing”and credit“measurability”is limited.The paper compares the influence of differential social relations between China and the West on the legal regulation of environmental credit and believes that as to the aspect of legislation it can be regulated through the materialization and the diversification of legal subjects,and the legalization of interest assessment procedures.In judicial practice,improvements can be made through the standardization of environmental credit data,the implementation of cross-regional environmental credit enforcement,and the effective definition of environmental credit enforcement in order to make sure the uniformity and the mutual promotion of legal practice and the legal theory.