基于环境公共治理的硬法与软法协同之治

Collaborative Governance of Hard Law and Soft Law Based on Environmental Public Governance

环境问题的特殊性、复杂性、不确定性决定了其治理模式应当采用全员参与的公共治理模式,治理手段必须是软法与硬法的“软硬兼施”协同之治。硬法主要表现为刚性的由国家制定认可并靠国家强制力保障实施的规范,软法表现为柔性的多元的非靠国家强制力保障实施缺乏拘束力的规范。硬法注重对行为的强制严格管束,软法侧重对行为积极激励引导,环境公共治理中两者相互补充,互为倚重,必须实现硬法与软法的和谐统一合作之路。

The particularity,complexity and uncertainty of environmental problems determine that the governance mode of environmental problems should adopt the public governance mode with full participation,and the governance means must be the“soft and hard”collaborative governance of soft law and hard law.Hard law is mainly manifested as rigid norms formulated and approved by the state and guaranteed by the state coercive force,while soft law is manifested as flexible and diversified norms which are not guaranteed by the state coercive force and lack of binding force.The hard law focuses on the mandatory strict control of behavior,while the soft law focuses on the positive incentive and guidance of behavior.In environmental public governance,the two complement each other and rely on each other.It is necessary to realize the harmonious and unified cooperation between the hard law and the soft law.