【摘要】 全社会共同承担环境责任是党和国家深化生态文明建设的重要部署,体现出一种职责义务层面的环境责任观。文章以旅游业为例,运用同心圆理论研究环境责任的内在结构和规制体系。首先,解析旅游业环境责任的责任者、责任对象、产生原因和内容体系。旅游业环境责任者包括旅游者、旅游社区、旅游企业和政府,他们基于7种可能的原因而承担环境责任;旅游业环境责任对象自内向外分布于人类、动物和无知觉环境3大圈层中,涉及旅游者、旅游社区、中国公众、外国公众、未来人类、家养动物、野生动物和无知觉环境;旅游业环境责任内容包括不干扰人类和动物圈层对象的消极权利、增进人类和家养动物圈层对象的积极权利、有限度满足人类圈层对象的偏好和不贬损无知觉环境4项,具体涉及11项基本规则和21项具体准则。随后,构建旅游业环境责任的多元规制体系,并明确规制内容、规制相关主体和规制措施。从自我规制和政府规制两大方面,形成德性培育机制、激励约束机制、法律规制机制和行政规制机制等具体措施。更多还原

【Abstract】 Mobilizing society, as a whole, to assume environmental responsibility is critical for advancing the construction of an ecological civilization formulated by the Chinese Communist Party and state and premised on a view of environmental responsibility as an obligation. This paper presents a case study of China’s tourism industry, utilizing concentric circle theory to analyze the inner structure and system for regulating environmental responsibility. First, the subjects, objects, reasons, and content of environmental responsibility within the tourism industry in China are identified and discussed. The subjects include tourists, tourism communities, tourist enterprises, and the government. Potential reasons why these subjects within the tourism industry should undertake environmental responsibility are as follows:(1) they have benefited from the help of others;(2) their actions are advantageous and helpful for others;(3) they have undertaken the same project with others;(4) they are pursuing the same goal, ideal or tradition with others;(5) they have made a commitment to others;(6) their actions can strongly influence others;(7) they have inflicted environmental injustice on others. The objects of environmental responsibility within the tourism industry are distributed across outwardly radiating circles of humans, animals, and the insentient environment. They include tourists, tourism communities,domestic and foreign publics, future generations, domestic animals, wild animals, and the insentient environment. The content of environmental responsibility within the tourism industry comprises four general principles, eleven basic rules, and twenty-one detailed criteria. The general principles are noninterference in the objects’ negative rights within human and animal circles, improvement of their positive rights within these circles, limiting the preference-satisfaction of objects within human circles,and ensuring non-damage to the insentient environment. The basic rules are as follows: non-pollution of the environment and avoiding harming human and domestic animals, preventing others from engaging in polluting and harmful activities, non-intervention in competitions among wild animals, the promotion of positive rights according to the objects’ positioning within concentric circles, promoting positive rights according to the specific content of rights, prioritizing positive rights over preferences,accommodating natural and rational preferences, accommodating preferences according to the objects’ positioning within concentric circles, not harming biodiversity, not wasting resources or energy, and implementing ecological compensation. Second, a diversified system for regulating environmental responsibility within the tourism industry is proposed, and its composition, relevant subjects, and regulatory measures are identified. This system comprises two constituent parts: self-regulation and government regulation. Self-regulation entails publicizing relevant knowledge and requirements for establishing environmental responsibility within the tourism industry. Relevant subjects of selfregulation include the objects that are regulated, the regulators, and the promoters of regulation.Specifically, tourists, tourism communities, tourist enterprises, and the government are simultaneously the regulated objects and the regulators of self-regulation. Multiple units constituted under the government’s leadership are the promoters of self-regulation. The measures of self-regulation include mechanisms for cultivating virtue and for fostering incentives and restraints. The content of government regulation entails clarifying the nature of environmental responsibility within the tourism industry as common but differentiated responsibilities, but also as a mix of mandatory and advocated responsibilities. Relevant subjects of government regulation include the regulated objects and the regulators. Specifically, tourists, tourism communities, tourist enterprises, and the government are the objects of government regulation. Legislative, executive, and judicial branches are the government regulators. The government’s regulatory measures include legal and administrative regulatory mechanisms.更多还原