Abstract

Criticism of Environmental Rights as the Basis of Claim

HUJing,WANGHuan

Abstract: For most of the scholars advocating environmental rights theories, the environmental rights are a kind of rights with the basis of claim, taken as the cause to request judicial relief. Dispute son whether environmental right is a legal right concentrated in five aspects: anthropocentrism, non-litigation, absolutism, fuzziness and redundancy of environmental rights. The reasons for supporting environmental rights are weak and the views that environmental rights can be basis of existing public interest litigation rights cannot standup for scrutiny. Scholars′ complex of taken environmental rights as the basis for relief request partly stems from the misunderstanding of departmental laws divided by rights, but the development of the discipline itself has dispelled the founding complex. Environmental rights could be divided into basic environmental rights and non-basic environmental rights, the former belonging to the rights of health and life and the latter including interests worth legal protecting and "factual interests", such as landscape rights which are not expedient or suitable for legal protection. Only by replacing environmental rights as the basis of right with that in the sense of purpose, can we better realize the ultimate goal of environmental protection pursued by the theories of environmental rights.

Diversified Approaches to Carbon Neutrality

YANGJiejun

Abstract: In order to achieve the goal of carbon neutrality by 2060, China needs to establish the following paths: the technological path to promote the innovation and application of low-carbon technology, the market-based path to establish and improve the carbon market, the administrative path to strengthen government guidance and regulation, the green path to promote the comprehensive green transformation of economy and society, the global path to strengthen the international cooperation of carbon neutrality, and the law path to maintain a long-term stable mechanism. Moreover, these paths are feasible and necessary, complementary to one another. Therefore, only by systematically combining these paths and taking multiple measures, can carbon neutralization be realized as soon as possible.

Legalization Problem and Solution Path of the Administrative Examination and Approval Reform of Environmental Impact Assessment under the Background of"Decentralization,Regulation and Service"

XIEHaibo

Abstract: The "decentralization, regulation and service" of administrative examination and approval of environmental impact assessment is the pioneer of the reform of "decentralization, regulation and service" in the field of ecology and environment. However, in China there are some practice of administrative examination and approval of environmental impact assessment failing to meet the requirements of the rule of law, which are manifested in the lack of statutory authority decentralization and cancellation of the EIA administrative examination and approval, the obstacles to the implementation of licensing not being removed, and the non-standard implementation procedures. EIA administrative examination and approval should be attributed as administrative licensing. The administrative examination and approval of EIA must followTheEnvironmentImpactAssessmentActofChina. Therefore, it is necessary to clearly define the rules for the decentralization and cancellation of EIA approval authority, remove the obstacles of licensing and standardizing its legal procedures.

The Rationale and Approach of Preventive Environmental Public Interest Litigation:Based on Normative Interpretation of Environmental Risk

LIUMengyao

Abstract: Environmental risk has become a typical risk in modern public domain. From the perspective of functionalism, preventive environmental public interest litigation has its legitimacy. Starting from the normative foundation and reality of preventive environmental public interest litigation, combined with the uncertainty, complexity, latency and long-term characteristics of environmental risks, this paper explores the institutional dilemma of preventive environmental public interest litigation in the context of risk. With the basic characteristics of environmental risks, it classifies environmental risks into environmental pollution risks and ecological damage risks, and explores the identification paths of different risks; distinguishes between "public interest" and "private interest" litigation causality judgment rules, introduces value judgment into the judicial causality determination of preventive environment; improves the risk assessment mechanism from the scope of environmental risk assessment, legal effect level and risk assessment content.

Perception,Intention,and Action:On Influencing Path of Urban Residents′Waste Separation Behavior

WANGXiaonan，ZENGXianyang

Abstract: Residents are the main body of responsibility for household waste separation and their waste separation behavior determines the success or failure of waste separation governance. Based on the theory of planned behavior and the practice of waste separation in Shanghai, the behavioral intention of waste separation is divided into online and offline participation intention, and the theoretical model of influencing path of residents′ waste separation behavior is constructed. Structural equation model was used to verify the influence path of residents′ perceived policy effectiveness, perceived community support and hardware facility satisfaction on waste separation behavior. The results show that policy effectiveness and hardware satisfaction have a positive effect on the behavior of waste separation. The perceived policy effectiveness and perceived community support have a significant positive impact on waste separation behavior through online and offline participation intention. The effect of offline participation intention in the path from "perception" to "action" is significantly higher than that of online participation intention. Based on the conclusions, this paper analyzes the problems existing in the policy design and implementation of waste separation governance, and puts forward policy suggestions for the governance of municipal waste separation in Shanghai and other cities in China.

Practice and Logic of"Greenwash"for Polluting Enterprises:An Empirical Research on Biogas Slurry Pollution of M Pasture

WANGXuan

Abstract: Environmental governance is complicated, especially in the pollution control of enterprises. Deconstructing the "greenwashing" strategy adopted by enterprises in the process of environmental governance is critical to understanding the current dilemma of enterprise environmental governance. The case study shows that the enterprises take the public pollution perception as the target, and adopt the "greenwashing" strategies of rationalizing the environmental indicators, image decoration and differentiation of interest groups in the interaction with the government, the media and local people. The specific logic behind it is as follows: the conflict between the long-term nature of pollution control and the short-term requirements of governance effectiveness leads to the official tendency of shielding; driven by the market logic, enterprises selectively disclose information through the media, actively publicize the positive image, and shift the pollution responsibility and public attention in the meanwhile; enterprises use economic benefits to blur the boundaries of the village′s beneficiary and victimized circles, encourage relocation, so the villagers′ willingness and intensity to speak up is reduced. The dilemma of polluting enterprises adds to more obstacles of the environmental problems:on the one hand, they try to cover the pollution problem; on the other hand, they still rely on technological change to reduce the pollution. To solve the problem, it is necessary to ‘discover’ the pollution, which requires the joint efforts of environmental governance entities such as the government, enterprises, media, and the masses.

Research on Horizontal Transfer Payment of Ecological Compensation based on Ecological Carrying Capacity of Taihu Lake Basin

YUANGuangda,ZHONGYe,GUOYiwen

Abstract: With the rapid development of China′s economy, cross-border problems such as high pollution and high energy consumption have become increasingly prominent, leading to the deterioration of natural resources and ecological environment. How to balance the relationship between economic development and ecological environment protection has become an urgent problem to be solved. However, China′s current financial mechanism for ecological environment construction is not perfect, and the market-oriented operation means are relatively single. This leads to an unreasonable distribution of compensation funds and low utilization efficiency in local ecological environment construction. Therefore, new policy research and design are urgently needed. This paper takes Taihu Lake Basin as an example, adopts the entropy method and index analysis method, selects 15 indicators from 2009 to 2018 to construct a comprehensive evaluation system for the ecological carrying capacity of Taihu Lake Basin based on the study of ecological carrying capacity and the direct cost of ecological damage. And with a study to the impact of various indicators on the ecological carrying capacity of the basin, a horizontal transfer payment model for ecological compensation is designed to promote the construction of China′s ecological compensation mechanism.

Research on Pro-environmental Behavioral Intention from the Perspective of Rural Tourism Destination Image

LINYuanyuan,SHAOJiarui

Abstract: Ecological livability is an important guarantee for the development of rural tourism, but how to cultivate the pro-environmental behavior or behavior intention of rural tourism tourists is still short of in-depth study. The purpose of this paper is to provide a new perspective for the study of pro-environmental behavioral intention by using the cognitive-affective-sensory model of destination image. Huanglongxian, "the most beautiful leisure countryside in China" was adopted for the case study. Through semi-structured interview, it was found that: (1) Tourists felt Huanglongxian′s tourism experiences through vision, taste, smell, hearing and touch were transformed into cognitive and emotional images, thus contributing to the overall image of destination; (2) Tourists′ cognitive perceptions of rural tourism were mainly characterized by the ones with the environment, and the positive destination image was conducive to the formation of pro-environmental behavioral intention; (3) The pro-environmental behavioral intention in the rural tourism context includes four types: resource-conserving, compliance, promotion and green consumption, which are dominated by resource-conserving and compliance pro-environmental behavior intention, supplemented by promotion type and green consumption pro-environmental behavioral intention, emphasizing resource conservation, compliance with environmental protection norms and green consumption.

Influence of Paradoxical Leadership on Organizational Citizenship Behavior of Environmental Protection Organizations

NIUChenchen,LIANGFu,YANGJing

Abstract: Based on the paired survey data of questionnaires over 45 leaders and 253 employees, this paper explores how paradoxical leadership affects employees′ organizational citizenship behavior for the environment from the perspective of self-determination theory. With confirmatory factor analysis and hierarchical regression analysis, we conduct an empirical test of the impact of paradoxical leadership on employees′ organizational citizenship behavior for the environment in China. The results show that: Paradoxical leadership has a significant positive impact on employees′ organizational citizenship behavior for the environment; corporate social responsibility plays an intermediary role between paradoxical leadership and employees′ organizational citizenship behavior for the environment; perceived organizational support plays a moderating role between corporate social responsibility and employees organizational citizenship behavior for the environment; perceived organizational support moderates the intermediary role of corporate social responsibility between paradoxical leadership and employees organizational citizenship behavior for the environment. The results of the study provide positive suggestions for promoting employees′ organizational citizenship behavior for the environment by changing leadership styles, thereby promoting the green development of enterprises.