The legal responsibility system is the guarantee of the law。Environmental legal responsibility is both the starting point of the development of environmental legal system,It is also the focus of theoretical research and practical operation。In the institutional system of the Environmental Code,The positioning of legal responsibility is related to the orientation of the overall system design,and is the foothold of most specific system design。So,In the compilation of environmental codes,The design position and orientation of the legal responsibility system deserve special attention。Specifically,Must consider how to summarize legislation、Justice、Existing experience of law enforcement,How to refine in the compilation of the environmental code、Improve the above experience,How to promote innovation and development of environmental legal responsibility、Forms problems such as the responsibility system that meets the requirements of the Code。
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Although the stage of environmental issues in various countries is different,But the responsibility system that responds to environmental issues in various countries follows the basic development process: the initial response to the consequences of environmental pollution damage is the infringement law system,Gradually develop into an environmental infringement relief system for special infringement。With bet365 Play online games administrative control measures for environmental pollution and ecological destruction, it is gradually implemented,The corresponding administrative penalties and other systems are also continuously developed,Environmental legal liability is expanded to acts that violate administrative control requirements。Then the consequences of environmental pollution and ecological destruction are more serious,or the order of environmental administrative control is severely damaged,Criminal responsibility becomes a harsh means of illegal acts related to punishment environment。At the same time,To achieve the need to achieve relief,Prevention responsibility、Special responsibilities such as the responsibility of restoration of ecological environment also continue to develop,Gradually distinguish from the traditional concept responsibility method,Form a relatively unique environmental legal responsibility system。
Overall,Environmental legal liability has formed a diversified legal responsibility and used、The pattern of coexistence of traditional responsibility methods and new types of responsibility,and still in the process of continuous development and evolution。So,Environmental Code compilation should stipulate the responsibility system,Take off the current legal liability rules、improvement and development? Or,What position should the codes of environmental legal liability be adopted? on the one hand,The application of traditional legal liability in the field of environmental protection is the cornerstone of environmental legal responsibility system。The responsibility system of the Environmental Code needs to be based on the responsibility of the current environmental law,Make full use of traditional civil civil、Administrative、Criminal Responsibility guarantees the implementation of the environmental legal system,and follow the internal laws set by traditional legal responsibility methods to make appropriate innovation。On the other hand,The consequences of environmental pollution and destruction are very special,To a certain extent, the scope of relief scope of traditional legal responsibility methods,New type of environmental legal responsibility can also play an important role。The responsibility system of the environmental code must actively respond to the special needs of environmental damage relief,Deliven to solve practical problems,Reasonable creation of new environmental legal liability。
Based on the traditional legal responsibility construction system
Modern legal system is the result of long -term selection of human society,condensed the common wisdom of human beings。Although society is constantly developing,But the type of social relationship、Structure still has essential common sense,Public and private distinction and their relationship are still the basic mode of understanding social relations,Corresponding civil legal liability、Administrative legal liability and criminal legal liability for correction social relations、Solving social contradictions and problems still play the most basic role。
Environmental problems are new types of problems facing human society after entering modern society,In the sense of human and natural relations, it exceeds the category of traditional social relations。but,Whether it is environmental pollution or ecological destruction, it becomes a "problem",The root cause is because it affects people、Change and even destroy social relations。So,Although it should not deny that environmental issues affect social relations, it is special、wide range,But its basic consequences can still be roughly divided into harm to private interests according to the public and private division model、Destruction of public order and damage to public interests。Under this structure,Traditional legal responsibility to private interests、The protection function of public order and public interest still has room to play。Based on this,The legal responsibility system design of the Environmental Code should still be based on the traditional civilization、Administrative、Use of criminal legal liability,That is, the main method of traditional legal responsibility is used to restrict、Punishment and correction of environmental pollution and destruction and related illegal acts,Complete the specific institutional structure according to the actual needs of environmental problems。
First,Environmental infringement system is the basic system that relieves private interests damaged by environmental pollution and ecological destruction。At present, the "Civil Code" optimizes bet365 best casino games the environmental infringement rules of the original "Infringement Liability Law",Added punitive compensation liability,A complete basic rules have been formed,In the future, it will still be the basic basis for confirmation of environmental civil liability。Next,Administrative Penalty、Administrative law systems such as administrative sanctions and government compensation liability,It should be the focus of the design of the responsibility system in the environmental code。The implementation of the environmental administrative management system requires the protection of administrative legal responsibility,Therefore, administrative punishment is introduced、Administrative law systems such as administrative sanctions and government compensation liability,Apply the existing methods of administrative legal liability to the process of environmental administrative management。Last,Under the background of the system of unified punishment codes in my country,Environmental Code does not need to directly stipulate criminal liability,But the applicable relationship between connection specifications can be established to rationalize criminal liability。
Of course,Environmental Code cannot be rigid by the use of traditional legal responsibility methods,Need to innovate a certain degree。As long as the basic logic of the traditional legal responsibility method、Following its basic structure,It still belongs to the category of traditional legal responsibility,In essence, it is still the flexible application of traditional legal responsibility。In the current environmental laws and regulations,There are more forms of innovation、In essence, it can still be attributed to the environmental legal liability regulations of traditional legal responsibility,It should be fully absorbed in the compilation of environmental codes、Summarize these experience results,and make reasonable improvements and development。
Actively respond to the special needs of environmental damage relief
Environmental issues have only really faced serious social issues that have only been faced in human society for the past century,still has its own uniqueness。This bet365 best casino games requires that we must incorporate the relationship between people and nature into consideration when establishing a legal responsibility system,Facing the common sense of legal object。and the traditional legal responsibility system is usually directly targeted at people itself,Consider property in the indirect sense、Natural resources and other objects。So,Does environmental legal responsibility need special needs to respond to environmental damage relief? That is, the environmental legal responsibility is based on the use of traditional legal responsibility methods for institutional structure,Do you need a special legal responsibility method? The answer to this question should be sure。
In fact,In the process of continuous innovation and development of environmental legal responsibilities,There is already a "special environmental legal responsibility" method of mentioning,is in traditional civil civil、Administrative、In addition to criminal legal liability methods,There is also an independent responsibility form related to environmental damage。Although the title and independence of "special environmental responsibility" are still controversial,But what should be acknowledged is,Responsibility forms such as the restoration of the ecological environment are very different from the traditional legal responsibility,It has exceeded the category of traditional legal responsibility。Whether or not it can be positioned as a special responsibility,All need to innovate in fundamental sense,Create a new type of environmental legal responsibility。
Ecological environment restoration and damage compensation liability is a unique legal liability method in response to environmental damage demand,Different from traditional civil civil civilization in the substantive content and institutional structure、Administrative and criminal liability。From the goal,,Ecological environment restoration and damage compensation are designed to relieve public interests,Although compensation with civil compensation、Restore the original status and other responsibilities of the same form of similarity,But the target direction and the institutional structure are completely bet365 Play online games different,Can't be qualitative as civil liability。The government is holding the responsibility of the ecological environment restoration of pollutors or damagers with compulsory commands and other means、Ecological environment damage compensation liability,Similar to administrative punishment in target -oriented and mandatory means,But compensation、Repair has strong compensation,The punishment attributes of administrative penalties are not fully consistent。So,Even the basic structure of administrative penalties can be borrowed,Its fundamental attributes and directly repair the ecological environment、The basic form of compensation for the damage of ecological environment,It is also enough to support it to become a special environmental legal liability。Although this responsibility has existing current laws, some provisions,But still needs to be systematically designed in the environmental code,This is the main aspect and area of the innovation of legal responsibility system in the Environmental Code。
In short,Comprehensive relief to achieve the consequences of environmental pollution and damage,The design of the responsibility system in the environmental code should seek reasonable solutions in the conservation and innovation,To innovate development on the basis of the traditional concept system。On the one hand, we must be fulfilled,Based on traditional civil civil、Administrative、The reasonable and full use of criminal legal liability,To adapt to the basic needs of the system construction; on the other hand, actively innovate,In the legislation, summarize and improve the responsibility for the repair of environmental pollution and destruction,and formulate operable ecological environmental damage repair and compensation system。Only the theoretical basis that consolidates the environmental legal responsibility system,Adaptive development and innovation according to the particularity of environmental violations,can we build and improve the legal responsibility system in the environmental codes。
(The author is a professor at the School of Law School of South China University of Technology)
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