环境共治模式下绿色消费法律制度的规范建构

Normative construction of green consumption legal system under the mode of environmental co-governance

消费问题是环境问题的核心,受消费欲望驱使的非理性消费行为是造成生态环境危机的深层次原因。强调在资源投入、生产制造、产品选择及回收利用过程中贯彻绿色消费理念并构建绿色消费法律制度予以保障,无疑是改变非理性消费行为并进而摆脱环境问题困扰的必然选择。但消费与环境的辩证关系决定了绿色消费法律制度的建构绝不可脱离环境治理模式而孤立存在。作为现代环境治理模式转型的重要方向,环境共治在依靠行政主导型或市场自决型的治理模式难以有效解决环境问题的背景下应运而生,其强调和谐善治、统一法治及多元共治等价值理念,并涵盖治理主体多元性、治理方式协作性、治理规则开放性、治理成果共享性等内涵特征,为绿色消费法律制度建构提供了理论机制。当前绿色消费法律制度运行与发展面临诸多问题,如法律价值标准的一致性不足、法律规范的协同性不高、政策与法律的融洽性不强、法律治理结构的均衡性不够等,不仅整体影响了规范绿色消费的效果,也削弱了法律制度的支撑功能。为破解绿色消费法律制度建构困境,应遵循环境共治模式,明确绿色消费法律制度建构的规范取向,即以系统化法律安排为主线,逐步实现法律价值标准的协调一致、法律规范的协同发展、政策与法律的和谐互洽以及法律治理结构的优化均衡,并从政府、市场、企业和公众四个维度搭建起绿色消费共治的法律制度架构,以实现绿色消费法律制度建构的科学化、规范化和系统化,从而为贯彻绿色消费理念、缓解资源环境压力、促进生态文明建设提供可靠的法律制度保障。

Consumption is the core factor of environmental problems, and irrational consumption behavior driven by consumption desire is a deep-seated cause of ecological environmental crisis. It is undoubtedly an inevitable choice to change irrational consumption behavior and get rid of environmental problems by emphasizing the implementation of the green consumption concept and building a green consumption legal system in the process of resource input, manufacturing, product selection, and recycling. However, the dialectical relationship between consumption and the environment determines that the construction of a green consumption legal system cannot exist in isolation from an environmental governance mode. As an important direction toward a modern environmental governance model,environmental co-governance arises at a historic moment when it is difficult to effectively solve environmental problems by just relying on executive-led or market-based governance models. It emphasizes the values of harmonious governance, unified rule of law, and pluralistic co-governance and covers the characteristics of pluralism of governance subjects, coordination of governance methods, openness of governance rules, and sharing of governance results, which provides a theoretical mechanism for the construction of a green consumption legal system. The operation and development of the current legal system of green consumption are faced with many problems, such as the lack of consistency of legal value standards, the lack of coordination of legal norms, the lack of harmony between policy and law,and the lack of balance in the legal governance structure, which not only affects the regulation of green consumption, but also weakens the supporting function of the legal system. In order to solve the difficulties in the construction of the legal system of green consumption,we should follow the mode of environmental co-governance and clarify the normative orientation of the construction of the legal system of green consumption. Specifically, we should take the systematic legal arrangement as the main line and gradually realize the coordination and consistency of legal value standards, the coordinated development of legal norms, the harmony and mutual coordination of policies and laws, and the optimization and balance of legal governance structure. We should also build a legal system framework of green consumption co-governance from the four dimensions of government, market, enterprises, and the public to realize the scientific, standardized, and systematic construction of the legal system of green consumption and to provide a reliable legal system guarantee for implementing the concept of green consumption, alleviating the pressure on resources and the environment, and promoting the construction of ecological civilization.