摘要
构建理性的生态环境法律责任制度,是环境法典编纂的重大理论与实践问题。各国环境法典在法律责任制度设计中均突破了“主客二分”“公私二分”等传统理念,将自然属性纳入生态法律责任的正当性之中;在传统法律责任的惩罚、救济、预防等功能基础上拓展“恢复”功能,实现生态环境法律责任的体系化与现代化。中国环境法典编纂应立足于实现可持续发展价值目标,以“生态恢复论”为基础,建构与“对人的责任”及“对环境的责任”相对应、由“环境法责任与相关法律责任”“特别责任与专门责任”构成的“二阶类型化”体系。采取“独立为主、分散补充”编纂模式将生态环境法律责任独立成编,并设置“通则—环境行政责任—环境民事责任—生态环境损害责任—生态环境纠纷解决”等五章。
A liability system has been developed in the field environmental law which is associated with but different from the traditional legal liability system.Yet,many problems still exist in this new system.Constructing a rational eco-environmental legal liability system and proposing a legislative scheme suitable for China’s national conditions and the development trend of the times are the important theoretical and practical topics that need to be studied in environmental codification.The environmental crisis has forced the legislature to reflect on the relationship between man and nature and to establish a pattern of behavior and legal consequences in accordance with the laws of nature.A manifestation of this trend of development is that various countries have broken through the traditional concept of“the dichotomy of subject and object”and“the dichotomy of public and private law”and incorporated natural attributes into the legitimacy of ecological legal liabilities in the design of the legal liability system in their environmental codes,thereby expanding the essence of“harmony between man and nature”of legal liabilities and promoting the integration of eco-environmental legal liabilities in both form and content.They have also expanded the“restoration”function on the basis of the traditional legal liability functions such as punishment,relief and prevention,establishing a new function and realizing the systematization and modernization of eco-environmental legal liabilities.In the codification of environmental law,China should promote the value goal of sustainable development,define eco-environmental legal liabilities with the concept of“a community of life for man and nature”,support the construction of a specialized eco-environmental legal liability system with the“ecological restoration theory”as the basis,build a“second-order typed”system consisting of“environmental legal liabilities and related legal liabilities”and“special liabilities and exclusive liabilities”corresponding to“responsibilities to humans”and“responsibilities to the environment”,so as to promote the transformation of the classification of eco-environmental legal liabilities from the chaotic classification to the categorization with unified value,unified concept and unified judgment standard.Specifically speaking,China should consider the codification of eco-environmental legal liabilities in a comprehensive manner,design the contents of eco-environmental legal liabilities in a type-oriented way,compile the provisions on eco-environmental legal liabilities into an independent book in the environmental code by adopting the compilation mode of“taking the independent book as the main body and separate provisions as supplements”,and divide the book into five chapters,namely“general principles,environmental administrative liabilities,environmental civil liabilities,liabilities for eco-environmental damage,and eco-environmental dispute resolution”.At the same time,supplementary legal liability clauses,mainly environmental administrative legal responsibility clauses,should be appropriately arranged in each chapter in light of the practical need of realizing the function of liabilities.
出处
《环球法律评论》
CSSCI
北大核心
2022年第6期5-22,共18页
Global Law Review
