英文摘要

LegalDilemmaandCodeResponseofCounty-levelEcologicalandEnvironmentalDepartmentsundertheBackgroundofVerticalReform

LIUChao,WUSen

Abstract: The vertical management reform of environmental protection has updated the configuration of ecological and environmental regulatory system, with county-level departments no longer having independent enforcement authority as agencies dispatched by higher authorities. The current environmental legislation has not yet responded in a timely manner to the progress of the institutional reform, resulting in legal dilemma such as the contradictory legislative positioning of county-level ecological and environmental departments, the homogeneous allocation of powers between the upper and lower levels of regulatory bodies, and the unclear legal status of the departments. Before the codification is completed, the transitional scheme of entrusting law enforcement to county-level eco-environmental departments can be adopted to provide a legal basis for law enforcement, but this is only a short-term stopgap measure. The codification is the law solution to the legal dilemma: a specific provision on the "Ecological and Environmental Regulatory System" should be included in the chapter on "Ecological and Environmental Governance System" of the "General Provisions" under the section on "Subjects of Public Authority and Regulatory System", clearly specifying "statutory regulatory subjects" at the national, provincial and municipal levels, and clarifying the legal status and allocation of powers among eco-environmental departments at each level.It also provides that subordinate laws such as local regulations may authorize county-level ecological and environmental departments to have independent enforcement authority within certain limits.

LegislativeThoughtsonEnvironmentalRiskManagementandControlofEmergingPollutantsinEnvironmentalCode

YANHoufu

Abstract: Remarkable achievements have been made in the treatment of conventional pollutants in China, but the environmental risks of emerging pollutants are still severe. The production and use of toxic chemicals is a major source of emerging pollutants. At present, China′s relevant environmental laws, regulations and standards show lack of requirements on environmental risk control of emerging pollutants, and there are serious deficiencies in the environmental risk control of existing chemical substances. The legislation of environmental risk control of emerging pollutants in futureEnvironmentalCodeshould adhere to the precautionary principle, but the precautionary principle does not aim at "zero risk". The legislation of environmental risk control of emerging pollutants should generally follow the idea of "risk screening-risk assessment-risk control". Environmental risk assessment should focus on scientific assessment of the "risks" posed by emerging pollutants to public health and the environment, without considering economic and social factors. In addition to scientific judgment, determining what constitutes an "unreasonable risk" requires due process. If the risk cannot be determined, the risk management and control shall also be carried out as if there is "unreasonable risk exists". When choosing risk control measures, the impact of emerging pollutants on public health and environment, as well as economic and social factors should be considered. Risk control ove new chemicals should be subject to the philosophy that they should be properly managed unless proven to be harmless.

TheNormativeConstructionofthePathwaybetweenAdministrativeExecutionandCriminalJusticeofEnvironmentalPollutionintheEnvironmentalCode

LYUSu

Abstract: The poor connection between administrative execution and criminal justice of environmental pollution in legal practice is an important reason that affects the effectiveness of environmental pollution control, reflecting many deficiencies at the legislative level. At the physical aspects, the lack of synergy between environmental legislation and criminal legislation in terms of legal benefit protection and coordination of norms can be solved through the opportunity to promote the transformation of the legislative model of environmental criminal law through the codification of the Environment Code. At the procedural aspects, the existing legislation on environmental administrative execution and criminal justice in the transfer to provision so undertaking and evidence transformation rules is not enough to supply, it can be improved by the establishment of procedural convergence norms to better the enforceability of theEnvironmentalCode. In terms of the specific path of normative construction, the Book Pollution Control provides the substantive norms for the connection between environmental pollution execution and criminal justice, and initially establishes the legislative model of environmental criminal law; the procedural norms of the connection between administrative execution and criminal justice are mainly provided for in the Book Ecological and Environmental Responsibility, including clarifying the conditions and procedures of case transfer and improving the rules of evidence transformation. To standardize the construction of the path of the connection between administrative execution and criminal justice of environmental pollution and to respond to the realistic needs of enforcement and judicial practice to the Environment Code.

EnvironmentalCodeExpressionofCollaborativeGovernanceofPollutionandCarbonReduction

CHENZiming

Abstract: China′s ecological civilization construction has entered a critical period to promote the synergistic effect of pollution reduction and carbon reduction. However, the current environmental legislation is unable to respond to the substantive construction needs of collaborative governance of pollution and carbon reduction, and thus the codified value of the governance has been highlighted. The same root and homology of air pollution control and carbon emission reduction enables the regulation system to effect synergistically on them. Therefore, it is decided that the pollution control code of is a more appropriate path to carry the specification expression demand of pollution reduction and carbon reduction collaborative governance. The expression of the collaborative governance mechanism in the environmental code of pollution control should be carried out at two levels: clarifying its adjustment and integration function at the level of constructing arational path, realizing a moderate surrender from formal expression to substantive expression, clarifying the main supervisory position of the ecological environment department, and supervising the main body′s performance with institutional mechanism. At the level of normative construction, this mechanism is configured in the chapter of basic provisions of pollution control code, creating basic and supporting provisions, interpreting the meaning of expanding the scope of adjustment provisions and the boundary of basic principles provisions.

KlimakriseundgesellschaftlichesLernen

UlrichBrand,GerdSteffens;translatedbyLIULingyu,LIUJingjiao

Abstract: Looking back at historical contexts, the article first asks about the relationship between education and societal learning processes, as well as the reasons behind their internal connection which can be shown in the idea of autonomy. After taking a look at the history of climate change/climate crisis in public perception and political action, the article explores the reasons for the obvious difference between knowledge and action. The most important of these, it turns out, can be analysed asimperialwayoflivingand as such critically reflected for learning processes. Next, the authors explain why they consider a “socio-ecological transformation” rather than an “ecological modernization” to be the better way of dealing with the crisis and list the imperatives for a socio-ecological transformation. Finally, the article unites various views of social learning at all steps of the argument under the banner of re-appropriation of the future of society.

UlrichBrand′sTheoryof"ImperialModeofLiving"andItsEnlightenmenttoGlobalEcologicalCivilization

JUChuanguo

Abstract: Ulrich Brand believes that the “imperial mode of living” at the cost of resource plundering and ecological destruction has become popular in many countries and is the deep reason that causes and intensifies the global ecological crisis. Only by changing the imperial mode of living”and building a “solidary mode of living”, can we truly solve the crisis.Brand’s theory reveals the daily production and life basis of the global ecological crisis among the public all over the world, and puts forward practical measures to deal with the crisis, promoting a global cooperation in the construction of ecological civilization, enlightening the risks and challenges, as well as proper strategies and counter measures from all fields.

NormativeConstructionofForestResourceUseRegulationintheContextofImplementingCivilCode

WANGHaiyan

Abstract: China has not yet constructed a forest resource use regulation system that defines the boundaries between forest resource rights and public authority. The implementation of theCivilCodeprovides an institutional framework for restructuring forest resource use regulation. The "Green Principles" of theCivilCodeset out the green boundaries of private autonomy and provide guidance for public intervention in forest resource rights. The "Green Principles" clarify that the institutional objective of the regulation is to effectively use forest resources to achieve the public demand for forest ecological services and to reduce the cost of the regulation. The prohibition of abuse of rights clarifies the boundaries of public authority in the regulation: public authority should restrict private rights if the abuse of private rights by the subject of the right impedes the ecological function of the forest. The forest resource use regulation system should also prevent public authority from using the principle of prohibition of abuse of rights to interfere excessively with private rights. The expropriation provisions further clarify the procedural requirements and conditions of compensation for public authority to interfere with private rights based on the public interest. The regulation system should give corresponding procedural rights to forest resource right subjects.Thesystem should also raise the compensation standard for public welfare forests to maximize the protection of the economic interests of forest resource rights holders under the premise of ensuring public ecological interests.

OnLegalProtectionof"RegionalLandscape":AnInvestigationCenteredonJapan

LIChengling

Abstract: Under the current situation of landscape legislation in China, due to the public attribute of landscape, the landscape protection appeal of regional residents beyond the neighboring right cannot be effectively responded by the judiciary.The landscape lawsuit in Japan has also encountered similar difficulties as that in China, and the lawsuits about Kunitachi Mansion, combined with the regionality of landscape protection, has achieved a breakthrough from the general protection theory of public law to the individual protection theory in administrative lawsuit, as well as the formal establishment of landscape protection in private law in civil lawsuit. Japanese scholars also demonstrated the legal composition of landscape interests in regional space from the two directions of right system and legal order, highlighting the importance of public-private interaction and regional rules in regional landscape protection.The protection of regional landscape in the context of China can explore the right basis of regional residents to protect landscape from the perspective of space order guarantee.

ImpactofEnvironmentalRegulationonEfficiencyofGreenDevelopment:BasedonSuperEfficiencyModelandSystemGMMModel

LILimei，LAIYongbo，XIEJinlong,HEXiuling

Abstract: It is of great theoretical value and practical significance for the construction of long-term mechanism of green development to identify precisely the impact of environmental regulation on the efficiency of green development. Based on the impact mechanism of environmental regulation on the efficiency of green development, this paper uses the super-efficiency EBM method to calculate the efficiency of green development in 112 key environmental protection cities in China from 2005 to 2018, and the influence of environmental regulation is tested by GMM model. The study finds that 1) the efficiency of green development in China mainly shows a "W-shaped" and has obvious regional difference. 2) the influence of environmental regulation on green development efficiency takes a "U-shape" and the current level of environmental regulation is in the suppression stage. 3) the environmental regulation has exerted indirect influence on green development efficiency through three factors, namely technological innovation effect, factor substitution effect and technological spillover effect. Among them, the first is embodied in that the "compliance cost effect" is greater than the "innovation compensation effect";the second promotes the optimization of factor structure; and the third shows that "production reducing effect" of foreign-funded technology is greater than its "quality improvement effect".