The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative...The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.展开更多
China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss...China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss Chapter 4 of Energy Law (Draft for Soliciting Opinions). Energy development is taken as a separate chapter; in-situ energy conversion is added to energy processing and conversion, common features are summarized to form general provisions and other provisions. According to respective characteristics of system for total amount control of energy development, performance guarantee system, environmental trust fund system, energy retaining system and environmental lien system, incorporate them into energy development, in-situ energy conversion and energy processing and conversion, in the hope of solving China's shortage of supply for environmental protection laws on energy development and in-situ conversion, responding to times of environmental protection, and optimizing China's Energy Law.展开更多
文摘The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.
基金Supported by Key Project of Sichuan Education Department(Grant No.:11SB098)Key Project of Humanities and Social Sciences of Sichuan University of Arts and Science (Grant No.:2010A04R)
文摘China's poor energy development and in-situ conversion legislation, environment laws and energy laws lead to a severe environmental issue in energy source. This paper uses comparison and logical methods to discuss Chapter 4 of Energy Law (Draft for Soliciting Opinions). Energy development is taken as a separate chapter; in-situ energy conversion is added to energy processing and conversion, common features are summarized to form general provisions and other provisions. According to respective characteristics of system for total amount control of energy development, performance guarantee system, environmental trust fund system, energy retaining system and environmental lien system, incorporate them into energy development, in-situ energy conversion and energy processing and conversion, in the hope of solving China's shortage of supply for environmental protection laws on energy development and in-situ conversion, responding to times of environmental protection, and optimizing China's Energy Law.
