协商吸纳型环境政策工具在我国的应用阻碍及法律对策

The Application Obstacles of Consultation-absorption Environmental Policy Tool and Its Legal Countermeasures

本文通过分析协商吸纳型环境政策工具的治理优势,指出我国应用这一新型环境政策工具将面临政府操控风险、公众参与不足、缺乏配套的措施制度和程序制度的阻碍。建议应当从强化对政府行政权力的法治监督、加强公众参与的法治保障、完善环境治理工具法律制度入手,探索可行的法律对策,提高生态环境治理效能。

Ecological environment governance is an important part of environmental governance modernization.In the new era, ecological environment governance should focus on the innovation of the rule of law and improve the level of legalization of ecological environment policy tools. Through the analysis of the advantages of the consultation-absorption environmental policy tool, this paper concludes that the application of this new environmental policy tool will face obstacles, including potential government manipulation, the lack of public participation, and the lack of supporting measures and procedures. Thus, it is necessary to explore feasible legal countermeasures by improving the supervision of government administrative power, the legal protection of public participation, and the legal system of environmental governance tools, all of which will contribute to the raise of ecological environmental governance efficiency.