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Experts: Environmental Rights Should Be Included In The Environmental Protection Act.

2014/4/5 14:02:00 40

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Environmental Rights Environmental Protection Laws And Regulations

environmental rights may not be incorporated into the constitution, but the voice of the professional sector and the public is very consistent when environmental rights are enforced into the environmental protection law.

Environmental rights should be written into the environmental protection act in appropriate ways.

the current law can not solve the problem of regional air pollution and water pollution, nor can it solve the problems of regional ecological construction, regional ecological compensation and regional environmental damage relief. The revision of the environmental protection law should face the regional environmental problems directly.

the current environmental protection act was implemented at the end of 1989, and is now being revised.

Generally speaking, the law focuses on the individual regulation of enterprises, and the regional pollution such as air pollution and water pollution is serious. This Law stipulates the environmental civil liability proof mechanism and so on, which can not solve the increasingly prominent regional pollution and ecological construction responsibility distribution and tort relief problems. This law belongs to the regulatory legislative mode, and the citizens' environmental rights and social environmental rights have not been highlighted.

At present, the revision of the law has come to an end. However, the important practical problems such as the recognition of rights, the structure of rights, and the maintenance of rights have not been solved. It should be further modified and perfected according to the requirements of national governance and the realization of P rights.

Writing environmental rights into the environmental protection act, recognizing and declaring environmental rights /p >

more than more than 60 countries in the world have written environmental rights into the constitution, and there are more and more trends.

Some countries have written environmental rights into the constitution, but there is no specific system for environmental rights, because they lack economic conditions.

At present, P has entered the era of environmental rights.

In our country, haze is rampant in some places, people breathe unclean air; people are drinking poisonous water in places where groundwater is polluted.

This is not only harmful to the present people, but also to future generations.

The first climax of the US citizen environmental movement came back to the 70s of last century.

April 22, 1970 was the first World Earth Day.

In China, people talk about environmental problems on the Internet, micro-blog and WeChat. They express their dissatisfaction and express their hope. This is actually a new environmental movement in the new era, though they do not go out, but their minds and wishes have blended and influenced each other.

Not only ordinary people but also NPC deputies, CPPCC members and even government officials.

although environmental rights may not be written into the constitution, it is difficult for all parties to agree on the way and form of environmental rights entering the constitution. However, the voice of the professional field and the public is very consistent when environmental rights are enforced into the environmental protection law.

It is necessary for the state to put forth the courage to write the environmental right into the environmental protection act in an appropriate way.

When amending the environmental protection law, we should also pay attention to the empowerment, operation and responsibility system system and mechanism construction of environmental rights.

environmental rights should be defined as an independent right .

in the era of environmental protection priority, the right to environment embodies the relative independence, namely professionalism, because of the universality of the subject and the wide range of activities.

For example, the basic rights related to the environment can be regarded as environmental rights. As the main body of environmental law adjustment, enterprises also enjoy some basic rights, such as emission rights and emission trading rights, which are environmental rights.

although environmental rights have not been written into our constitution, the protection of human rights has been in the Constitution for many years. Therefore, the protection of some important environmental rights can be promoted by means of logical reasoning in the way of human rights protection, for example, the rights and powers of some parts of the environmental rights should be included in the category of human rights.

Although this idea is effective, it can not fundamentally solve the problem of comprehensive empowerment and comprehensive maintenance of environmental rights.

At present, "P", the comprehensive environmental protection law "environmental protection law" is being revised, the opportunity is rare, should be guided by the thought of the people, strive for the law of environmental rights, and clear its scope, field and power, make the citizen's environment right and institutionalize, and end the tortuous history of the maintenance of the basic rights of the environment.

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clarify individual obligations and regional responsibilities, solve the problem of responsibility distribution and tort relief.

< < > > > the current environmental protection act aims at the individual tort of enterprises, and makes the mechanism innovation of the proof of environmental civil liability. At the time, it was a legislative innovation. However, over the past 20 years, it has been unable to solve the increasingly prominent regional air pollution and the problem of water pollution in the river basin, and also can not solve the problem of regional ecological construction, regional ecological compensation and regional environmental damage relief. Therefore, the revision of the legal basis needs to be solved.

For disputes arising from such regional pollution, attention should be paid to the revision of the environmental protection act.

in the aspect of environmental civil liability, who should pay for the smog? Judicial trial needs to solve two problems. First, what are the real infringers? What are the defendants? Two, what subjects should the plaintiff claim?

according to environmental civil norms, who should be responsible for pollution.

But the cause of haze is too complex now. There are both enterprises and vehicles in the "contribution" sector.

As far as enterprises are concerned, enterprises are not individual pollute but the pollution produced by the superposition or intersection of collective emissions. What is the "contribution" of each enterprise? How big is the responsibility?

Not only is there local pollution, but also the pollution in the field will be invaded by the weather.

If the pollution share and the responsible person are hard to determine, according to the existing law, it is very difficult for private individuals to sue for compensation. It is very difficult to divide the regional responsibilities, so it is difficult to promote the implementation of the joint prevention and control operations.

this problem should be solved when the environmental protection law is amended.

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In terms of environmental administrative responsibility, can the plaintiff sue the EPA and claim for compensation? This poses challenges to the current environmental legislation. Who supervises regional haze? For example, according to the duties, air pollution between Beijing, Tianjin and Hebei is confluence, and residents are prosecuting the local environmental protection bureau for local pollution in large regional pollution. It seems that P is not very scientific.

in fact, there are two certainties in the uncertainty of regional responsibility. First, the pollution in Shijiazhuang does exist, and it is a heavily polluted area. It really conveyed air pollutants to the outside world. Two, the important contribution of pportation vehicles and enterprises to haze can also be determined qualitatively.

Based on this, the Shijiazhuang environmental protection bureau should fulfill corresponding regulatory responsibilities.

in respect of claims, the public interest litigation system established by the environmental protection law refers to the environmental citizen suit system in the United States.

The appeals of administrative litigation in the environmental citizenship litigation system in the United States are limited to acts of prohibition or limitation of action, and courts generally do not support claims for administrative litigation claims.

Tort compensation should be borne by direct infringement enterprises.

These reasonable factors can be adopted when the environmental protection act is amended.

perfecting the supervision system and establishing the responsibility system of Combining Leniency with severity.

in the aspect of regulatory system, local governments have widely covered the phenomenon of polluting enterprises, and environmental protection departments are unable to effectively curb them.

In the field of safety production supervision, the system, system and mechanism of Party and government responsibility have been implemented, and the improvement of the safety production situation is good.

The Party committee is in the core and key position in the local power structure. In the field of environmental protection, the party and government share responsibility. The local Party committee will not shield the polluting enterprises, and the local government will have the bottom line of supervision.

To this end, the revision of the environmental protection law may stipulate the responsibility for environmental protection.

in terms of regulatory power, at present, weak environmental enforcement is mainly due to weak or even lack of grass-roots environmental law enforcement capability.

The monitoring power of the environmental protection system is inverted Pyramid type, from top to bottom, to the township level, the fewer and fewer environmental inspectors.

Therefore, in accordance with the requirements of the the third Plenary Session of the 18th CPC Central Committee decision, the environmental protection law shall be amended to strengthen the environmental supervision force at the grass-roots level.

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in terms of supervision methods, in the early February 2014 and early March, the Ministry of environmental protection organized the supervision of the implementation of the "ten state" responsibility for air pollution control in 12 cities such as Beijing, Tianjin, Shijiazhuang and Tangshan.

During the period of heavy pollution, the responsible persons of these illegal enterprises have not been seriously dealt with, such as detention, indicating that environmental enforcement is too soft.

Because of the decentralization of other departments, the power of the Ministry of environmental protection is shrinking, so the Ministry of environmental protection should change its role and change its regulatory mode.

the revision of the environmental protection act should stipulate that the environmental protection department should be directly supervised by the traditional departments, and pform to all parts of the field of direct supervision, as well as macro and comprehensive supervision of all environmental problems, so as to achieve unified guidance, coordination, supervision and service. It is necessary to establish a unified supervision and management mechanism such as interviews, newspapers and examination, one vote veto and so on, so as to make the environmental protection department dare to act and dare to act; and establish a specific mechanism to link the illegal responsible persons to judicial proceedings.

in terms of legal liability, according to the existing legislation, it is a fact that the low cost of lawbreaking and the high cost of obeying the law have become a fact. Enterprises ignore the environmental responsibility and become a "fashion".

Over the past 30 years, China's environmental publicity has won popularity and achieved good results.

However, due to the temptation of huge economic interests, corporate violations still exist widely.

As a result, enterprises have evaded the high cost, but the society has encountered unprecedented environmental challenges.

It is urgent to strengthen the environmental legal system and let enterprises abide by the law.

The punishment standard of more than 10 years ago must not continue to be used now, because it can not play the role of punishment and warning.

Therefore, we should increase penalties for some illegal activities, especially for those intentional and malicious polluter enterprises. We should punish them for their pain. For enterprises that cause pollution by negligence, we should establish a system of liability insurance for environmental pollution as well as prevent them from falling into production and operation because of an accident. For citizens, we should focus on warning and education, do not overemphasize fines. For malicious environmental pollution behavior, we should give public security detention and seriously investigate criminal responsibilities.

In short, the design of legal liability system should be tempered with leniency.

combined with the pattern of national governance, it is required to play the role of citizens and social organizations /p >

At present, China is deepening the reform of the ecological civilization system, strengthening the establishment of the national governance system, making the environmental protection from regulation to governance, and from power to power. P

To achieve this, citizens' awareness cultivation, citizen participation and the provision of supervision conditions, and the cultivation of social organizations are indispensable.

At present, the main theme of environmental management in China is still emphasizing the role of the government. The participation of citizens and society presents a passive color, which is not consistent with the establishment requirements of the national governance system. P

National governance emphasizes the initiative, mutual assistance and coordination of all aspects of society, so the participation of citizens must be changed from passive to active.

In the construction of national governance system, we should not only play the role of individual citizens, but also play the role of social organizations.

the revision of the environmental protection law should consider establishing a pattern of environmental governance suited to the pattern of state governance.

People in the environmental protection department seem to be many, but scattered, people are very limited, the regulatory vision is very limited, and they can not find all the illegal activities, and the public has the advantages of wide distribution and wide field of vision, which can maximize the detection of illegal activities.

, therefore, it is found that in addition to modern law enforcement tools such as video forensics and law enforcement, environmental violations also rely on omnipresent citizens and social organizations made up of them.

For example, the way of reward reporting can encourage citizens to participate in environmental supervision.

The mechanism of orderly participation and supervision of citizens and social organizations should be established in the revision of the environmental protection law.

Only in this way can we solve the problem of absence of government environmental supervision.

some local governments are afraid of citizen participation. This is wrong. On the contrary, citizens should be encouraged to participate more and supervise more.

The reality is that because citizens are afraid of retaliation, they are not particularly daring to report environmental violations.

Once the institutionalized supervision and safeguard measures are taken, the social governance structure tends to be stable, and the new national operation order is formed. Those pollute producers will not dare to retaliate.