论环境污染第三方治理的制度梗阻与激励规制

On System Obstruction and Incentive Regulation of Third-Party Governance of Environmental Pollution

"时紧时松型"政府监管痼疾凸显、排污企业与治污企业间责任划分边界模糊以及供给与需求的市场催化机制缺漏业已成为我国当前环境污染第三方治理中的制度梗阻,迟滞了我国生态环境治理现代化的进展。而激励规制理论则有助于指引作为规制者的政府设计合理的激励制度或者规制方法,对作为被规制者的排污企业或者治污企业形成正向激励或者诱导,为了疏解环境污染第三方治理中的制度梗阻,建议将政府与排污企业、政府与治污企业以及政府与排污企业、治污企业间形成的"三维"规制结构作为激励规制理论运用的独特场域,从构建"时紧时松型"政府监管的追责倒逼机制、秉持责任边界划分的污染者重心理念以及确立市场催化的专业主义导向三方面入手推进环境污染第三方治理的激励规制。

The"intermittently tight and loose"government supervision is outstanding.The boundary between pollutant companies and pollution control companies is blurred.And the market catalytic mechanism between supply and demand is missing.These problems have become the system obstruction to my country’s current third-party governance practices of environmental pollution.It hinders the progress of the modernization of ecological environment management in China.Incentive regulation theory can help guide the government as the regulator to design a reasonable incentive system or regulation method.It also forms a positive incentive or inducement for the pollutant discharge enterprise or pollution control enterprise as the party being regulated.In order to relieve the system obstruction in the third-party governance of environmental pollution,it is recommended to adopt the"threedimensional"regulatory structure formed between the government and the pollutant company,the government and the pollution control company,the government and these two kinds of companies as a unique field for the application of incentive and regulatory theories.It is also recommended to promote incentives and regulations for third-party governance of environmental pollution from three aspects which include the establishment of the accountability and pressure mechanism for the"intermittently tight and loose"government supervision,upholding the focus concept of the polluter’s responsibility boundary division,and the establishment of market-catalyzed professionalism.