煤区环境责任问题研究
发布时间：2019-01-30 18:02
【摘要】：煤区在对我国经济建设做出了重要贡献的同时却付出了巨大的代价——环境污染和生态破坏,给煤区带来了诸多环境问题和生活不便。与此同时,整个社会享受了煤炭资源带来的利益,尤其是远离煤区的东部沿海经济发达的区域,电力方便,环境优美,这不得不引人深思,煤区的付出与整个社会的利益享受形成了鲜明的对比,造成了一种区域的不平衡。这从跟不上有悖于和谐社会的主旨和要求,也不利于煤区的可持续发展。对此,通过对煤区环境责任承担问题的分析和研究,使煤区环境责任公平合理承担显得尤为重要。而以往的研究仅仅是强调政府或者企业的环境责任,未同时从宏观角度分析各个环境主体在煤区环境问题中应承担什么样的责任。本篇文章从纵横两个角度展开分析,分析得出：不仅煤区的煤矿和相关煤炭企业在开采和利用过程中要承担责任,同时,整个社会和国家也应承担相应的责任,以此来分摊自然原因造成的煤区环境问题的区域性,求得社会的共同和可持续发展。 第一部分,我国煤区环境问题的现状。运用大量的客观数据说明了我国煤炭资源分布的不均衡性,以及由此造成了煤区环境问题地域性的特征,为煤区环境责任的公平分摊奠定了基础。 第二部分,我国煤区各主体的环境责任及相关法律制度中存在的问题。虽然我国相关法律中规定了各主体的环境责任,但是在实践操作中发现,许多环境责任的设计并不合理到位,具体表现为：政府在煤炭资源开采方面制定政策的缺少相应的监督,企业违法成本低,公众参与环境影响评价的制度有名无实。煤区环境责任制度在纵向上不能将环境问题控制在源头,在横向上不能起到相互制约、相互配合的作用。 第三部分,国外煤区环境责任的立法与实践。大多数国家虽无专门的煤区环境立法,但是关于煤区环境责任的相关法律和制度在现实中的实施比较成熟,以立法较为先进的美国和煤炭资源丰富的澳大利亚两个国家的相关法律制度为例,剖析了其先进和成熟的理论和经验,并总结了对我国煤区环境责任制度构建的启示。 第四部分,我国煤区环境责任的设计与构建。与普通的民事、刑事责任强调事后惩罚的功能不太一样,环境责任应更注重第一性环境责任,即“环境责任”内涵的新拓展要求重视煤区和整个社会的第一性环境义务的设置,从源头上控制煤区环境问题的发生。在此理论基础上结合中国的实际,提出了煤区环境责任的制度构建。 煤区的环境污染问题作为我国环境问题的一个典型,其同时又具有广泛的区域性,研究和分析煤区环境责任的归责与分配,既为煤区环境问题的解决提供理论支持,同时,这也为我国其他环境问题责任的分配提供一种借鉴。因此,如果此问题结论成立,在环境责任问题方面将会有很广阔的应用空间,环境责任的分配将会更科学和更合理。
[Abstract]:The coal region has made an important contribution to the economic construction of our country, but at the same time, it has paid a great deal of cost _ environmental pollution and ecological damage, which brings many environmental problems and inconvenience to the coal region. At the same time, the whole society has the benefits of the coal resources, especially the region far from the coal region along the developed region of the sea economy, the power is convenient, the environment is beautiful, this has to be thought-provoking, the pay of the coal region and the benefit of the whole society have formed a clear contrast, resulting in an imbalance in the region. This is not to follow the spirit and requirement of the harmonious society, but also to the sustainable development of the coal area. Through the analysis and study of the environmental responsibility of the coal area, it is very important to make the environmental responsibility of the coal area reasonable and reasonable. The past research is only to emphasize the environmental responsibility of the government or the enterprise, and not to analyze the responsibility of the environmental main body in the coal-area environment at the same time. The article analyses from the aspect of two aspects: not only the coal mine and the relevant coal enterprise in the coal area should be held liable in the process of exploitation and utilization, but also the whole society and the state should bear the corresponding responsibility, The regional and common and sustainable development of the coal-area environmental problems caused by natural causes can be assessed. The first part, the present situation of China's coal-area environment In this paper, a large amount of objective data is used to illustrate the imbalance of the distribution of coal resources in China, as well as the characteristics of the regional environmental problems of the coal region, which lays the foundation for the fair apportionment of the environmental responsibility of the coal region. The second part, the environmental responsibility and the relevant legal system of the main body of the coal area in China However, in practice, it is found that the design of many environmental responsibilities is not in place, such as the lack of corresponding supervision of the government in the exploitation of coal resources, and the violation of the law. The system of low cost and public participation in environmental impact assessment The environmental responsibility system of the coal zone cannot control the environmental problem at the source in the longitudinal direction, and can not be mutually restricted in the transverse direction, and cooperate with each other. The role of the third part, the environmental responsibility of the foreign coal area The legislation and practice. Most of the countries have no special coal-area environmental legislation, but the relevant laws and systems on the environmental responsibility of the coal area are relatively mature in the reality, and the legislation is more advanced and the relevant laws of the two countries with rich coal resources The system of law is an example, analyzes its advanced and mature theory and experience, and summarizes the system of environmental responsibility for coal area in China. The fourth part, the environmental responsibility of the coal area in China The responsibility of environmental responsibility should pay more attention to the first environmental responsibility, that is, the new extension of the 鈥渆nvironmental responsibility鈥，
本文编号：2418371
[Abstract]:The coal region has made an important contribution to the economic construction of our country, but at the same time, it has paid a great deal of cost _ environmental pollution and ecological damage, which brings many environmental problems and inconvenience to the coal region. At the same time, the whole society has the benefits of the coal resources, especially the region far from the coal region along the developed region of the sea economy, the power is convenient, the environment is beautiful, this has to be thought-provoking, the pay of the coal region and the benefit of the whole society have formed a clear contrast, resulting in an imbalance in the region. This is not to follow the spirit and requirement of the harmonious society, but also to the sustainable development of the coal area. Through the analysis and study of the environmental responsibility of the coal area, it is very important to make the environmental responsibility of the coal area reasonable and reasonable. The past research is only to emphasize the environmental responsibility of the government or the enterprise, and not to analyze the responsibility of the environmental main body in the coal-area environment at the same time. The article analyses from the aspect of two aspects: not only the coal mine and the relevant coal enterprise in the coal area should be held liable in the process of exploitation and utilization, but also the whole society and the state should bear the corresponding responsibility, The regional and common and sustainable development of the coal-area environmental problems caused by natural causes can be assessed. The first part, the present situation of China's coal-area environment In this paper, a large amount of objective data is used to illustrate the imbalance of the distribution of coal resources in China, as well as the characteristics of the regional environmental problems of the coal region, which lays the foundation for the fair apportionment of the environmental responsibility of the coal region. The second part, the environmental responsibility and the relevant legal system of the main body of the coal area in China However, in practice, it is found that the design of many environmental responsibilities is not in place, such as the lack of corresponding supervision of the government in the exploitation of coal resources, and the violation of the law. The system of low cost and public participation in environmental impact assessment The environmental responsibility system of the coal zone cannot control the environmental problem at the source in the longitudinal direction, and can not be mutually restricted in the transverse direction, and cooperate with each other. The role of the third part, the environmental responsibility of the foreign coal area The legislation and practice. Most of the countries have no special coal-area environmental legislation, but the relevant laws and systems on the environmental responsibility of the coal area are relatively mature in the reality, and the legislation is more advanced and the relevant laws of the two countries with rich coal resources The system of law is an example, analyzes its advanced and mature theory and experience, and summarizes the system of environmental responsibility for coal area in China. The fourth part, the environmental responsibility of the coal area in China The responsibility of environmental responsibility should pay more attention to the first environmental responsibility, that is, the new extension of the 鈥渆nvironmental responsibility鈥，
本文编号：2418371
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