节点文献
西北地区生态环境建设的法律需求
The Legal Requirements on the Ecological Construction in Northwestern Regions
【摘要】 世界落后地区开发实践表明,法律制度提供了经济发展和生态重建的保证。多年来,生态环境法制建设有力地促进了西北地区的生态环境治理和重建,使生态环境趋于稳定。但生态环境脆弱的状态依然没有改变,呈现局部好转、整体恶化的趋势。通过考察表明,现行相关法律制度存在一定的滞后性和明显不足,进行法律制度创新是我们的必然选择。而相关法律制度创新的主要方面是注重运用经济手段,改变“法律靠市场、环境靠政府”的生态环境治理原则,建立排污权交易制度,转化政府的行政强制性治理模式;完善环境侵权的民事责任,建立生态效益补偿机制和加强执法监督。
【Abstract】 As it has proved world-widely during the exploration among underdeveloped regions that the law creates the guarantee for the economic development and ecological reconstruction. It has been many years since the legal system construction on ecology has powerfully promoted the administration and reconstruction of ecological atmosphere in Northwestern regions and has secured the ecological tendency towards natural balance. Nevertheless, the fragility of ecology has not been totally transformed. The ecological situation is turning towards betterment in part, and as a whole, it is becoming worse. The current and related legal system has certain stagnancy and transparent weaknesses. So the creation of the law is becoming necessary. We should mainly utilize the economic methods put away the previous ecological administration, put away the previous ecological administration principle that economy relies on the market administration, and put away the previous ecological administration principle that economy relies on the market and ecology relies on the government. Simultaneously, we should establish the trading system of pollution emission rights and change the administrative model of government informant. In addition, to mprove the civil liabilities on ecological infringement and to set up the compensation mechanism for ecological efficiency are another two concerns in the article. Law enforcement supervision is referred to in the last section.
【Key words】 Northwestern regions; ecology; law; the trade of pollution Emission right; the compensation for ecological efficiency.;
- 【文献出处】 兰州大学学报 ,Journal of Lanzhou University , 编辑部邮箱 ,2004年01期
- 【分类号】D922.6
- 【被引频次】3
- 【下载频次】218