摘要
企业的生产必然对环境造成污染.获得可持续发展的关键是通过法律将污染的外部成本内部化,使环境保护与经济发展同步进行.环境污染具有外部性,在环境产权不明晰的状况下,污染造成的损失会完全转嫁给企业外部的社会.如果将环境产权配置给明确的个人或团体,则这些产权所有者将通过与企业的谈判达成社会最优污染程度协议.私人部门与企业的谈判可能会由于谈判成本过高而失效,此时需要政府在强力后盾的支持下进行干预,如用控污津贴、排污标准等措施使污染恢复到社会最优程度.这些改革都需要对环境法体系的完善.
Industrial production inevitably leads to environment pollution. The key to sustainable development is to seek a balance point between economic development and environment protection. Sustainable development cannot be obtained unless the external cost of the pollution is internalized. Environment property is a kind of so-called common property and is not easy to be ascertained. When the environment properties are not clear enough for differentiation, the loss resulting from pollution will be totally transferred to exterior society and add burden to society. If the common properties are specifically allocated to individuals or groups, some programs for solution can be made through negotiations between enterprises and groups. But negotiations may fail because of the high cost for pollution treatment. So government intervention, such as pollution allowances and waste-draining standards, are needed as a back force. Anyway, all above measures rely on the amelioration of the laws.
作者
张弛
Zhang Chi (Shaoxing Governmental Financial Affairs Center, Shaoxing, Zhejiang, 312000)
