我国环境自愿协议研究
发布时间：2019-05-12 13:46
【摘要】：随着全球工业化进程的发展,环境问题日益严重,环境污染和生态破坏给人们的生活带来严重危害,人们意识到环境问题的严重性,各国开始采取措施应对环境问题。其中环境自愿协议是目前各国普遍使用的环境管理手段之一。环境自愿协议的产生有其特定的理论基础,非强制性行政行为的产生和行政契约的发展环境自愿协议的产生提供了直接理论基础,另外环境管理学的发展和可持续理论的提出也为环境自愿协议产生提供了理论依据。从世界范围看,最早实践环境自愿协议的是日本,其公害防治协定为其他国家提供了实施环境自愿协议的宝贵经验,荷兰的环境自愿协议也是实施较早的模型,为其他国家效仿,被称为“荷兰模式”,美国的自愿性伙伴合作计划在国际上也有很强的影响力,为环境自愿协议的实践拓展了途径。我国在在借鉴国外环境自愿协议实践经验的基础上,在2004年我国也开始了环境自愿协议的试点工作。经过几年的试点,环境自愿协议取得了很大的成绩,虽然在试点过程中也存在问题,但是这些问题都是可以通过制度设计加以纠正的。通过试点阶段的反复论证,我国决定将环境自愿协议加以推广,并在2006年6月颁布的《清洁生产促进法》中专门对环境自愿协议做了明确的规定。这为我国推广环境自愿协议起了直接的推动作用。在环境自愿协议由试点推向全国的时候,加强环境自愿协议的理论研究,建立环境自愿协议制度,对指导环境自愿协议的实践具有重大的意义。本文从我国实际出发,借鉴国外环境自愿协议的经验,吸取我国实践过程中的教训,提出构建我国环境自愿协议制度的几点建议。首先,环境自愿协议的顺利实施需要有良好的基础,这是环境自愿协议实施的前提。其次,环境自愿协议的核心内容是激励措施,我国环境自愿协议在试点过程中显露的主要问题也是激励措施,因此完善环境自愿协议的激励措施是推进其发展的最核心问题。再次,环境自愿协议的监督和评估一定要做到位,否则该项制度就为权力寻租提供了天地。最后,建立环境自愿协议纠纷解决机制,为后来环境自愿协议大规模实施时出现的纠纷无法解决提供保障。 本文主要运用比较研究的方法,在比较了国外和我国环境自愿协议实践后,总结经验教训,提出了我国构建环境自愿协议的几点建议。从环境自愿协议的发展过程看,完善环境自愿协议的理论,是其发展的必然要求,这样可以为环境自愿协议以后的发展提供充分的理论指导,达到更好的实践效果。 本文的创新点在于：第一,借鉴理论界对环境自愿协议的概念的探析,对环境自愿协议概念做了概括。第二,比较全面的总结了国外环境自愿协议实践对我国环境自愿协议的启示。第三,对环境环境自愿协议从开始制定到实施结束提出了比较合理化的监管建议。
[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.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;F206
本文编号：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.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6;F206
【引证文献】
相关硕士学位论文 前1条
1 潘金珠;村改居社区中的邻避冲突及其消解[D];苏州大学;2013年
，本文编号：2475437
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