英文摘要

NarrationoftheYellowRiver(PartI):HistoricalNotesonitsFloodingandGovernance

ZHANGYulin

Abstract: From a geological perspective, the river is the outcome of the uplift of the Tibetan Plateau and the formation of the Loess Plateau, a young river with a history of only 150,000 years at most. From a geographical perspective, it shaped the North China Plain with sediment carrying and its frequent silting, flooding and diverting characteristics, and continuously reshaped the landscape until the mid-20th century. From a perspective of archaeology, it has nurtured ancient China and Chinese civilization, and thus become the "mother river of the Chinese nation". From perspective of history or water conservancy history, it is a "harmful river" that has been frequently flooded in written records, a serious trouble for the successive dynasties since the Northern Song Dynasty, and has profoundly affected the survival and livelihood of people in the flooded area. Thus a series of chain effects triggered by its governance have made it a "political river".

OnGreenDevelopmentofYellowRiverBasinfromPerspectiveofRegionalEco-civilizationProgressforNewEra

HUANQingzhi,HUANGMin

Abstract: Since the 18th CPC National Congress, the central committee with Xi Jinping as the core, has made a series of theoretical elaborations, strategic concepts and promotion strategies on a series of fundamental issues relating the significance, principles and strategic measures of China′s regional(basin) eco-civilization progress, thus constituting a policy discourse system with theoretical-practical implications and forming the thoughts of regional eco-civilization progress for new era. From a perspective of eco-civilization progress, the strategy for Yellow River Basin is not just about regional(basin) social-economic development or environmental public governance policy, but a comprehensive and profound reform or transformation containing multi-dimensional goals and concerns, just like the Yangtze River Economic Belt Strategy. Therefore, it will be a historical process that requires unremitting and lasting efforts. A crucial step is to gradually embark on the path of "prioritizing ecological protection and green development", which is in accordance with the established goals and institutional mechanism for environmental protection and high-quality development. In terms of dynamic mechanism, three issues should be properly addressed in order to promote the implementation of "Ecological Protection and High-quality Development Strategy for the Yellow River Basin", namely, formation and effective operation of a basin-wide unified working-mechanism, establishment and regular operation of a coordination mechanism among the provinces and regions along Yellow River, and a regional development mechanism for green economy based on the mobilization of all parties and an endogenous motivation.

OnLimitationofPunitiveDamageinEnvironmentalCivilPublicInterestLitigation

QINTianbao,YUANYeyangguang

Abstract: Article 1232 oftheCivilCodehas established the system of punitive damage in the field of environmental tort of damage. However, according to it, the answer to whether the punitive damage can be adopted in the environmental civil public interest litigation is not yet clarified, which leaves room for judicial interpretations. Academics have launched a debate around this question and there are two typical opinions: The punitive damage can/can′t be adopted in the environmental civil public interest litigation. Advocates of each opinion have provided their reasons from legal norms, the functions of law system and the consequences of law enforcement. The fundamental disagreement between the two opposite views is scholars giving different answers to whether the defendants suffer from excessive punishment because of their opposite standings. But both opinions have defects, and the third path could be reckoned as a better way, which can be called "the way of limitation". Under this circumstance, the supreme court should construe the appropriate function of punitive damage and avoid the second punishment by the principle of "no second punishment". Besides, they should also pay attention to the priority of administrative power, prevent administrative organs from evading their duties and determine the amount of punitive damages reasonably.

ResponsibilityforEcologicalEnvironmentRestoration:TheDefinitionofNatureandJudicialApplication：TaketheCriminalIncidentalCivilPublicInterestLitigationinEnvironmentastheAnalysisObject

YANGYani

Abstract: The responsibility of ecological environmental restoration is a legal method for the subject that causes environmental damage to actively repair and restore it to the baseline state. The Criminal Incidental Civil Public Interest Litigation in environment is an important means to safeguard environmental public interests and remedy the damages. in recent years, although the number of environmental criminal incidental civil public interest litigation cases is increasing, there are still some difficulties in the application of ecological environment restoration liability in such cases due to the unclear nature and orientation and the unclear relationship with the liability methods such as fine, confiscation of property, restitution and compensation for losses. In the environmental criminal incidental civil public interest litigation, to correctly apply the responsibility for ecological environment restoration, we should break the traditional judicial model of "criminal priority", coordinate the relationship between it and criminal responsibilities such as fines and confiscation of property, and rationalize the determination order between it and criminal responsibility on the basis of correctly defining the nature of ecological environment restoration responsibility, Clarify its application relationship with restitution, and clarify its application order with compensation for losses (including punitive damages).

OnNewDevelopmentofWatershedEnvironmentalPollutionDisputeResolutionMechanism:BasedonRecentTypicalCaseAnalysis

LIAinian,HEShuangfeng

Abstract: In the past two years, China has published a series of typical cases of watershed environmental pollution disputes. Case analysis has shown that current resolution mechanism of recent watershed environmental pollution disputes in China has taken on new characteristics. Meanwhile, it is also faced with the development predicament of the deep-rooted "regional handling", inadequate non-litigation dispute resolution methods, and unclear relationship between the two new types of litigation. Therefore, the concept of watershed settlement should be established on the basis of fully understanding the characteristics of watershed environmental pollution disputes and the "public interest attribute" of the mechanism. In particular, it will reshape the system by optimizing "negotiation and coordination"; taking the "two suits" application relationship as a motive to optimize the litigation dispute resolution pattern; and establish a "non-litigation front" as the starting point to build up a cohesive mechanism between "litigation and non-litigation".

OnDilemmaandCountermeasuresofEcologicalEnvironmentRestorationinYangtzeRiverBasin

LiXianbo，HuHuiting

Abstract: The promulgation oftheYangtzeRiverProtectionLawhas great practical significance for the restoration of ecological environment in the Yangtze River Basin. At present, the ecological environment in the Yangtze River Basin is seriously polluted, the investment is huge, and the restoration process is slow. In practice, there are doubts over the subject, methods, supervision and guarantee of the restoration. Therefore, it is necessary to conduct a standardized interpretation of the ecological environment restoration oftheYangtzeRiverProtectionLaw, clarify the main body of the restoration, determine the methods, strengthen the guarantee, and ensure the supervision. In the future system expansion, it is critical to clarify the legislative value of the Law, introduce more social fund, innovate restoration technology, and improve restoration efficiency.

ExaminingInterpretativeDimensionsofEnvironmentalStandardAttributesinRiverBasinEcologicalCompensationAgreement

LIQiwei，ZHENGMengjia

Abstract: At present, the mainstream view in the academic circles holds that the environmental standards in the river basin ecological compensation agreement are mandatory standards. Therefore, the protection activities for the purpose of reaching the standards are only the performance of the government′s duties and should not receive ecological compensation. However, such an explanation has some defects, such as incomplete logical argument and weak practical adaptability, which may lead to confusion from theory to practice. To solve the problem, we should reposition the standard attribute and realize the transformation from legal interpretation to agreement interpretation in the cognitive dimension. Specifically, the agreement interpretation model believes that the environmental standards in the compensation agreement should not be interpreted as legal standards, but as intended standards and reference standards, which are the compensation target values selected by the participating parties on the basis of full consultation and agreement. This interpretation model is in line with the characteristics of market-oriented and diversified types of ecological compensation. It is a return to the essence of ecological compensation transaction. It is more self-consistent in logic and more sufficient in reality. In the future, the formulation oftheregulationsonecologicalprotectioncompensationshould explain the attributes and significance of environmental standards in the agreement from the perspective of the agreement, protect the participants′ right to select, change and discard standards, properly deal with the competition and relationship between "performance of responsibilities" and "performance", and draw a "red line" for ecological compensation to prohibit "ecological regression".

ATextualAnalysisofGreenConsumptionPolicyBasedonPolicyInstrumentsandProductLifeCycle

CHENKai,LISinan

Abstract: This paper constructs a two-dimensional policy analysis framework based on policy tools and product whole life cycle perspective, and with the application of Nvivo11 Plus software, a content analysis method is used to code and analyze 105 policy texts related to green consumption by provincial local governments during the 13th Five-Year Plan period (2016—2020). It was found that none of the provincial governments (municipalities and autonomous regions) had issued special policies with green consumption as the main content, and the relevant contents scattered in policy documents on energy conservation and emission reduction, ecological environmental protection, and optimization and upgrading of consumption structure; as for the dimension of policy tools, command-based tools were used more frequently, and incentive-based and exhortation-based tools were significantly underused; as for the dimension of policy tools integrated with product whole life cycle, green consumption policies were generally distributed in an "inverted U" shape, with policy tools focusing on consumption and mainly command-based tools, but a rich, diversified and balanced policy system has not been built yet. Based on the findings of the study, suggestions are made for the formulation of green consumption policies in the 14th Five-Year Plan period.