新时代流域(区域)环境法治的新发展——2018年全国环境资源法学研讨会综述
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摘要
流域(区域)环境法治的理论与实践相关研究已经步入新的境界:一是理论与实践围绕整体论基础上的多元价值排序而展开;二是日益重视流域(区域)一体化"协同法治"逻辑;三是突出类型化思维在流域(区域)环境法治中的基础性方法论价值。"法治"已经成为流域(区域)环境治理核心要义;"协作"或"协同"成为流域(区域)环境法治的基本法理基础,法学思维成为流域(区域)环境司法专门化的根基;流域(区域)立法模式也呈现出由分散到综合与集中的转型。不仅对流域(区域)环境法治传统制度的研究不断拓展,还将"河(湖)长制"作为一个中国问题、中国思路的新的制度实践展开全面深入的研究。流域(区域)环境纠纷解决则不仅不断强化不同行政区域行政主体之间的合作交流,而且拓展生态环境损害赔偿、环境污染责任保险、环境公益诉讼、环境侵权救济等制度的功能和视野。流域(区域)环境法治研究已经形成诸多基础性共识,为新时代我国环境法治理论与实践发展提供有力的智力支持。
The theory and practice of environmental rule of law in river basin (region) has become the theme of the 2018 National Symposium on Environmental and Resource Law. The related research has stepped into a new realm: firstly,the theory and practice are carried out around the order of multiple values based on the holistic theory; secondly,it pays more attention to the logic of"coordinated rule of law"of basin (region) integration; thirdly,the basic methodological value of typological thinking in watershed (region) environmental rule of law is highlighted. "Rule of law"has become the core of environmental governance in river basin (region). "Cooperation " or"coordination"becomes the basic legal basis of environmental rule of law in river basin (region),and legal thinking becomes the foundation of environmental judicial specialization in river basin (region). The legislative model of watershed also shows a transition from decentralization to integration and centralization. It not only expands the research on the traditional institutions of environmental rule of law in the river basin (region),but also takes "the leader of the river (lake) "system as a new system practice of Chinese problems and thoughts. The settlement of environmental disputes in river basin (region) not only strengthens the cooperation and communication between administrative subjects in different administrative regions,but also expands the functions and horizons of systems such as ecological environmental damage compensation,environmental pollution liability insurance,environmental public interest litigation and environmental tort relief. A lot of basic consensus has been formed on the study of environmental rule of law in river basin (region),which provides strong intellectual support for the development of environmental rule of law theory and practice in China in the new era.
The theory and practice of environmental rule of law in river basin (region) has become the theme of the 2018 National Symposium on Environmental and Resource Law. The related research has stepped into a new realm: firstly,the theory and practice are carried out around the order of multiple values based on the holistic theory; secondly,it pays more attention to the logic of"coordinated rule of law"of basin (region) integration; thirdly,the basic methodological value of typological thinking in watershed (region) environmental rule of law is highlighted. "Rule of law"has become the core of environmental governance in river basin (region). "Cooperation " or"coordination"becomes the basic legal basis of environmental rule of law in river basin (region),and legal thinking becomes the foundation of environmental judicial specialization in river basin (region). The legislative model of watershed also shows a transition from decentralization to integration and centralization. It not only expands the research on the traditional institutions of environmental rule of law in the river basin (region),but also takes "the leader of the river (lake) "system as a new system practice of Chinese problems and thoughts. The settlement of environmental disputes in river basin (region) not only strengthens the cooperation and communication between administrative subjects in different administrative regions,but also expands the functions and horizons of systems such as ecological environmental damage compensation,environmental pollution liability insurance,environmental public interest litigation and environmental tort relief. A lot of basic consensus has been formed on the study of environmental rule of law in river basin (region),which provides strong intellectual support for the development of environmental rule of law theory and practice in China in the new era.
引文
[1]五大关系是指:党的政策与立法决策的关系、权利与权力的关系、法律稳定性与改革变动性的关系、全局性与局部性的关系、成本与效益的关系。