我國(guó)環(huán)境自愿協(xié)議研究
發(fā)布時(shí)間：2019-05-12 13:46
【摘要】：隨著全球工業(yè)化進(jìn)程的發(fā)展,環(huán)境問(wèn)題日益嚴(yán)重,環(huán)境污染和生態(tài)破壞給人們的生活帶來(lái)嚴(yán)重危害,人們意識(shí)到環(huán)境問(wèn)題的嚴(yán)重性,各國(guó)開(kāi)始采取措施應(yīng)對(duì)環(huán)境問(wèn)題。其中環(huán)境自愿協(xié)議是目前各國(guó)普遍使用的環(huán)境管理手段之一。環(huán)境自愿協(xié)議的產(chǎn)生有其特定的理論基礎(chǔ),非強(qiáng)制性行政行為的產(chǎn)生和行政契約的發(fā)展環(huán)境自愿協(xié)議的產(chǎn)生提供了直接理論基礎(chǔ),另外環(huán)境管理學(xué)的發(fā)展和可持續(xù)理論的提出也為環(huán)境自愿協(xié)議產(chǎn)生提供了理論依據(jù)。從世界范圍看,最早實(shí)踐環(huán)境自愿協(xié)議的是日本,其公害防治協(xié)定為其他國(guó)家提供了實(shí)施環(huán)境自愿協(xié)議的寶貴經(jīng)驗(yàn),荷蘭的環(huán)境自愿協(xié)議也是實(shí)施較早的模型,為其他國(guó)家效仿,被稱為“荷蘭模式”,美國(guó)的自愿性伙伴合作計(jì)劃在國(guó)際上也有很強(qiáng)的影響力,為環(huán)境自愿協(xié)議的實(shí)踐拓展了途徑。我國(guó)在在借鑒國(guó)外環(huán)境自愿協(xié)議實(shí)踐經(jīng)驗(yàn)的基礎(chǔ)上,在2004年我國(guó)也開(kāi)始了環(huán)境自愿協(xié)議的試點(diǎn)工作。經(jīng)過(guò)幾年的試點(diǎn),環(huán)境自愿協(xié)議取得了很大的成績(jī),雖然在試點(diǎn)過(guò)程中也存在問(wèn)題,但是這些問(wèn)題都是可以通過(guò)制度設(shè)計(jì)加以糾正的。通過(guò)試點(diǎn)階段的反復(fù)論證,我國(guó)決定將環(huán)境自愿協(xié)議加以推廣,并在2006年6月頒布的《清潔生產(chǎn)促進(jìn)法》中專門對(duì)環(huán)境自愿協(xié)議做了明確的規(guī)定。這為我國(guó)推廣環(huán)境自愿協(xié)議起了直接的推動(dòng)作用。在環(huán)境自愿協(xié)議由試點(diǎn)推向全國(guó)的時(shí)候,加強(qiáng)環(huán)境自愿協(xié)議的理論研究,建立環(huán)境自愿協(xié)議制度,對(duì)指導(dǎo)環(huán)境自愿協(xié)議的實(shí)踐具有重大的意義。本文從我國(guó)實(shí)際出發(fā),借鑒國(guó)外環(huán)境自愿協(xié)議的經(jīng)驗(yàn),吸取我國(guó)實(shí)踐過(guò)程中的教訓(xùn),提出構(gòu)建我國(guó)環(huán)境自愿協(xié)議制度的幾點(diǎn)建議。首先,環(huán)境自愿協(xié)議的順利實(shí)施需要有良好的基礎(chǔ),這是環(huán)境自愿協(xié)議實(shí)施的前提。其次,環(huán)境自愿協(xié)議的核心內(nèi)容是激勵(lì)措施,我國(guó)環(huán)境自愿協(xié)議在試點(diǎn)過(guò)程中顯露的主要問(wèn)題也是激勵(lì)措施,因此完善環(huán)境自愿協(xié)議的激勵(lì)措施是推進(jìn)其發(fā)展的最核心問(wèn)題。再次,環(huán)境自愿協(xié)議的監(jiān)督和評(píng)估一定要做到位,否則該項(xiàng)制度就為權(quán)力尋租提供了天地。最后,建立環(huán)境自愿協(xié)議糾紛解決機(jī)制,為后來(lái)環(huán)境自愿協(xié)議大規(guī)模實(shí)施時(shí)出現(xiàn)的糾紛無(wú)法解決提供保障。 本文主要運(yùn)用比較研究的方法,在比較了國(guó)外和我國(guó)環(huán)境自愿協(xié)議實(shí)踐后,總結(jié)經(jīng)驗(yàn)教訓(xùn),提出了我國(guó)構(gòu)建環(huán)境自愿協(xié)議的幾點(diǎn)建議。從環(huán)境自愿協(xié)議的發(fā)展過(guò)程看,完善環(huán)境自愿協(xié)議的理論,是其發(fā)展的必然要求,這樣可以為環(huán)境自愿協(xié)議以后的發(fā)展提供充分的理論指導(dǎo),達(dá)到更好的實(shí)踐效果。 本文的創(chuàng)新點(diǎn)在于：第一,借鑒理論界對(duì)環(huán)境自愿協(xié)議的概念的探析,對(duì)環(huán)境自愿協(xié)議概念做了概括。第二,比較全面的總結(jié)了國(guó)外環(huán)境自愿協(xié)議實(shí)踐對(duì)我國(guó)環(huán)境自愿協(xié)議的啟示。第三,對(duì)環(huán)境環(huán)境自愿協(xié)議從開(kāi)始制定到實(shí)施結(jié)束提出了比較合理化的監(jiān)管建議。
[Abstract]:With the development of global industrialization, environmental problems are becoming more and more serious. Environmental pollution and ecological destruction have brought serious harm to people's lives. People are aware of the seriousness of environmental problems, and countries begin to take measures to deal with environmental problems. Among them, environmental voluntary agreement is one of the commonly used environmental management means in various countries at present. The emergence of environmental voluntary agreements has its own specific theoretical basis. The emergence of non-mandatory administrative acts and the emergence of environmental voluntary agreements of administrative contract provide a direct theoretical basis. In addition, the development of environmental management science and the proposal of sustainable theory also provide the theoretical basis for the emergence of environmental voluntary agreements. From a worldwide perspective, the earliest practice of environmental voluntary agreements is Japan, whose pollution prevention and control agreements provide other countries with valuable experience in implementing environmental voluntary agreements, and the Netherlands' environmental voluntary agreements are also early models of implementation. Following the example of other countries, known as the "Dutch model", the voluntary partnership program of the United States also has a strong international impact, expanding the path to the practice of voluntary environmental agreements. On the basis of learning from the practical experience of environmental voluntary agreements abroad, our country also started the pilot work of environmental voluntary agreements in 2004. After several years of pilot, environmental voluntary agreement has made great achievements, although there are problems in the pilot process, but these problems can be corrected through the system design. Through repeated demonstration in the pilot stage, our country decided to popularize the environmental voluntary agreement, and specifically stipulated the environmental voluntary agreement in the Cleaner production Promotion Law promulgated in June 2006. This has played a direct role in promoting the promotion of environmental voluntary agreements in China. It is of great significance for guiding the practice of environmental voluntary agreement to strengthen the theoretical research of environmental voluntary agreement and establish the system of environmental voluntary agreement when the voluntary environmental agreement is promoted from the pilot to the whole country. This paper starts from the reality of our country, draws on the experience of foreign environmental voluntary agreement, draws lessons from the practice of our country, and puts forward some suggestions for constructing the system of environmental voluntary agreement of our country. First of all, the smooth implementation of environmental voluntary agreement needs to have a good foundation, which is the premise of the implementation of environmental voluntary agreement. Secondly, the core content of environmental voluntary agreement is incentive measures, and the main problem exposed in the pilot process of environmental voluntary agreement in China is also incentive measures. Therefore, perfecting the incentive measures of environmental voluntary agreements is the core issue to promote its development. Thirdly, the supervision and evaluation of environmental voluntary agreement must be in place, otherwise the system will provide a world for power rent-seeking. Finally, the establishment of environmental voluntary agreement dispute resolution mechanism to provide protection for the subsequent large-scale implementation of environmental voluntary agreement disputes can not be resolved. This paper mainly uses the method of comparative study, compares the practice of foreign and Chinese environmental voluntary agreements, summarizes the experience and lessons, and puts forward some suggestions on the construction of environmental voluntary agreements in China. From the point of view of the development process of environmental voluntary agreement, perfecting the theory of environmental voluntary agreement is the inevitable requirement of its development, which can provide sufficient theoretical guidance for the future development of environmental voluntary agreement and achieve better practical results. The innovation of this paper lies in: first, draw lessons from the theoretical circle to analyze the concept of environmental voluntary agreement, and summarize the concept of environmental voluntary agreement. Second, it summarizes the enlightenment of foreign environmental voluntary agreement practice to China's environmental voluntary agreement. Third, some reasonable regulatory suggestions are put forward from the beginning to the end of the implementation of environmental voluntary agreements.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D922.6;F206
本文編號(hào)：2475437
[Abstract]:With the development of global industrialization, environmental problems are becoming more and more serious. Environmental pollution and ecological destruction have brought serious harm to people's lives. People are aware of the seriousness of environmental problems, and countries begin to take measures to deal with environmental problems. Among them, environmental voluntary agreement is one of the commonly used environmental management means in various countries at present. The emergence of environmental voluntary agreements has its own specific theoretical basis. The emergence of non-mandatory administrative acts and the emergence of environmental voluntary agreements of administrative contract provide a direct theoretical basis. In addition, the development of environmental management science and the proposal of sustainable theory also provide the theoretical basis for the emergence of environmental voluntary agreements. From a worldwide perspective, the earliest practice of environmental voluntary agreements is Japan, whose pollution prevention and control agreements provide other countries with valuable experience in implementing environmental voluntary agreements, and the Netherlands' environmental voluntary agreements are also early models of implementation. Following the example of other countries, known as the "Dutch model", the voluntary partnership program of the United States also has a strong international impact, expanding the path to the practice of voluntary environmental agreements. On the basis of learning from the practical experience of environmental voluntary agreements abroad, our country also started the pilot work of environmental voluntary agreements in 2004. After several years of pilot, environmental voluntary agreement has made great achievements, although there are problems in the pilot process, but these problems can be corrected through the system design. Through repeated demonstration in the pilot stage, our country decided to popularize the environmental voluntary agreement, and specifically stipulated the environmental voluntary agreement in the Cleaner production Promotion Law promulgated in June 2006. This has played a direct role in promoting the promotion of environmental voluntary agreements in China. It is of great significance for guiding the practice of environmental voluntary agreement to strengthen the theoretical research of environmental voluntary agreement and establish the system of environmental voluntary agreement when the voluntary environmental agreement is promoted from the pilot to the whole country. This paper starts from the reality of our country, draws on the experience of foreign environmental voluntary agreement, draws lessons from the practice of our country, and puts forward some suggestions for constructing the system of environmental voluntary agreement of our country. First of all, the smooth implementation of environmental voluntary agreement needs to have a good foundation, which is the premise of the implementation of environmental voluntary agreement. Secondly, the core content of environmental voluntary agreement is incentive measures, and the main problem exposed in the pilot process of environmental voluntary agreement in China is also incentive measures. Therefore, perfecting the incentive measures of environmental voluntary agreements is the core issue to promote its development. Thirdly, the supervision and evaluation of environmental voluntary agreement must be in place, otherwise the system will provide a world for power rent-seeking. Finally, the establishment of environmental voluntary agreement dispute resolution mechanism to provide protection for the subsequent large-scale implementation of environmental voluntary agreement disputes can not be resolved. This paper mainly uses the method of comparative study, compares the practice of foreign and Chinese environmental voluntary agreements, summarizes the experience and lessons, and puts forward some suggestions on the construction of environmental voluntary agreements in China. From the point of view of the development process of environmental voluntary agreement, perfecting the theory of environmental voluntary agreement is the inevitable requirement of its development, which can provide sufficient theoretical guidance for the future development of environmental voluntary agreement and achieve better practical results. The innovation of this paper lies in: first, draw lessons from the theoretical circle to analyze the concept of environmental voluntary agreement, and summarize the concept of environmental voluntary agreement. Second, it summarizes the enlightenment of foreign environmental voluntary agreement practice to China's environmental voluntary agreement. Third, some reasonable regulatory suggestions are put forward from the beginning to the end of the implementation of environmental voluntary agreements.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D922.6;F206
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 潘金珠;村改居社區(qū)中的鄰避沖突及其消解[D];蘇州大學(xué);2013年
，本文編號(hào)：2475437
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