环境基础设施污染治理功能的法律实现

The Legal Realization of Pollution Control Functions of Environmental Infrastructure

近年来,环境基础设施已成为中央党政文件的高频用语之一,对其内涵与外延的界定却始终未形成共识,影响到基层政府对环保政策的理解与适用。环境基础设施一直在政策之治维度展开有其合理性,然而,法律之治是其充分发挥功能的根本场域。如何让环境基础设施实现从“政策之治”迈向“法律之治”,成为环境法学界和实务界亟需认真对待的话题。对此,科学界定其法律概念,将“可运营性”设定为其理论基础,归结出利益调节与责任分配两类法律问题,提出以强化激励为引领完善利益调节、以兼顾合法与合理为导向完善责任分配的思路,进而实现环境基础设施的污染治理功能。

In recent years,environmental infrastructure has become one of the high-frequency terms used in central party and government documents,but there has been no consensus on the definition of its connotation and extension,which affects the understanding and application of environmental policies by grassroots governments.While it makes sense that environmental infrastructure has been developed in the policy governance dimension,the rule of law is the fundamental arena for its full functioning.How to realize environmental infrastructure from the"rule of policy"to the"rule of law"has become a topic that needs to be taken seriously by environmental law academics and practitioners.In this regard,the legal concept is scientifically defined,"operability"is set as its theoretical basis,and two types of legal issues,namely,regulation of interests and allocation of responsibilities,are summarized,and the idea of perfecting the regulation of interests by strengthening incentives and improving the allocation of responsibilities by taking into account lawfulness and reasonableness is put forward in order to realize the function of pollution control of the environmental infrastructures.