公众参与环境执法角色关系探析

环境是公共的,环境利益具有公众性。在环境执法中积极吸纳公众意见,是国家民主管理社会的体现。公众参与环境执法的角色定位即：政府在环境执法中处于核心地位,拥有最终裁量权;企业是环境执法的对象;公众是环境执法的最终受益者。政府、企业与公众的沟通协调是公众参与环境执法的有效机制。     

推进中国环境治理体系和治理能力现代化——PACE 2019学术年会会议综述

环球中国环境专家协会（PACE）于2019年6月27~29日在中国人民大学组织召开第四届中国环境治理学术年会，主题为推进国家环境治理体系和治理能力现代化，国内外环境公共治理领域顶级专家以及国家和地方相关政府官员出席了会议，并分理论方法、实践应用、行政执法、社会治理、经济政策以及全球环境治理等专题进行了深入研讨。会议认为，作为国家治理体系的重要组成部分，我国环境治理体系，在生态文明建设框架下，已取得长足进步，特别是以目标为导向的治理战略，已形成鲜明国际特色。中国环境治理模式正从传统的自上而下的政府行政管理转向政府主导、企业主体、社会参与和市场调节相结合并由自下而上机制相补充的多元共治现代公共治理模式，治理能力近年来显著加强，但在环境社会治理以及参与全球环境治理等方面仍存在显著薄弱环节，在政府执法机制以及经济政策使用等方面仍有许多需要改进的地方。     

关于地方环保机构监测监察执法垂直管理制度改革重点任务的基本考虑

为顺利推进省以下环保机构监测监察执法垂直管理制度改革工作进程,本文围绕垂直管理制度改革的方向与主线,对涉及垂直管理改革的环保责任清单、环境监察、环境监测、环境执法、市(地)级派出县级环保分局和省级对市(地)级环保局的双重管理等六个方面的主要改革任务,从改革方案的基本考虑、基本方向和具体实施路径进行系统解读,为下一步试点省份实施垂直管理制度改革提供可操作性的政策指引。     

环境执法在环保垂改中的基本路径与主要任务

为积极稳妥推进全国省以下环保机构监测监察执法垂直管理制度改革试点工作,本文紧紧围绕《关于省以下环保机构监测监察执法垂直管理制度改革试点工作的指导意见》精神,以环境执法改革为主体主线,从环境执法的总体方向、基本路径、主要任务三个方面进行政策分析解读,给各地在环保垂直管理制度改革试点工作中有效推进环境执法改革,提供改革路径指引和参考。     

Effective Regulations with Little Effect? The Antecedents of the Perceptions of Environmental Officials on Enforcement Effectiveness in China

Enforcement gaps are an especially vexing problem in China due to pervasive "pro-growth" local government priorities, the weak administrative capacity of environmental agencies themselves, and relatively weak levels of societal support for a cleaner environment. This study seeks to examine this problem from the perspective of the local enforcement officials by empirically examining the relationships between these and other influences on their perceptions of enforcement effectiveness. Using samples of enforcement officials from the fast-growing cities of Chengdu, Dalian, and Guangzhou, this study finds that many of the more commonly cited problems related to regulatory enforcement were not as influential in accounting for variations in perceptions of enforcement effectiveness than the current literature might suggest. Moreover, this study also finds that the pattern of influences varies greatly across jurisdictions, with only the officials' belief in the legitimacy of the governments' policies being significant in all three samples. Strong influences on perceptions of enforcement effectiveness in two of the three samples include the environmental values of enforcement officials, their perceptions of organizational capacity for enforcement, and their assessment of government support for environmental protection. Although government support was found to be a strong predictor of enforcement effectiveness in two of the three samples, the influence of societal support had a somewhat mixed and more complicated effect. In addition, this study suggests that further improvements in enforcement effectiveness may be possible by cultivating or selecting enforcement officials with strong environmental values and beliefs in the legitimacy of the government's environmental policy to take charge of enforcement. Because it is generally accepted that local environmental protection bureaus are generally upgrading their organizational capacity for improvement as the result of increasing central government support for environmental protection and institutional restructuring, and because environmental awareness in China is growing, this study suggests that some incremental progress is likely in China's efforts to close the enforcement gap. Unfortunately, such improvements are likely to be masked by the steep trajectory of economic growth, the narrow scope of regulatory control (i.e., with scant attention paid to nonindustrial sources), and the migration of industrial pollution to rural areas.     

Environmental Impact Assessment and Environmental Audit in Large-Scale Public Infrastructure Construction: The Case of the Qinghai–Tibet Railway

Large-scale public infrastructure projects have featured in China’s modernization course since the early 1980s. During the early stages of China’s rapid economic development, public attention focused on the economic and social impact of high-profile construction projects. In recent years, however, we have seen a shift in public concern toward the environmental and ecological effects of such projects, and today governments are required to provide valid environmental impact assessments prior to allowing large-scale construction. The official requirement for the monitoring of environmental conditions has led to an increased number of debates in recent years regarding the effectiveness of Environmental Impact Assessments (EIAs) and Governmental Environmental Audits (GEAs) as environmental safeguards in instances of large-scale construction. Although EIA and GEA are conducted by different institutions and have different goals and enforcement potential, these two practices can be closely related in terms of methodology. This article cites the construction of the Qinghai–Tibet Railway as an instance in which EIA and GEA offer complementary approaches to environmental impact management. This study concludes that the GEA approach can serve as an effective follow-up to the EIA and establishes that the EIA lays a base for conducting future GEAs. The relationship that emerges through a study of the Railway’s construction calls for more deliberate institutional arrangements and cooperation if the two practices are to be used in concert to optimal effect.     

论独立环境监察执法体制与机制的建构

通过实证考察可知,目前我国环境监察执法体制有自身的特点,同时也存在一些缺陷,制约了生态环境执法的有效性。独立环境监察执法体制是应对执法困境的良药,该体制具有特殊的内涵,其既具有理论基础也具有政策依据。在分析域外环境执法的经验基础上,针对我国环境执法体制存在的问题,独立环境监察执法体制与机制的建构应当遵循以下路径。首先,独立环境监察执法体制与机制的建构应当遵循合法、效能与环境执法特殊性相契合的原则。其次,建议通过保障组织机构的独立,扩充环保部门的权力,加强环境执法的财政保障以及确立环境执法的独立责任等措施构建起独立环境监察执法体制。再次,通过规范的程序机制、确立综合协调机制、强化责任追究机制、协调激励和制约机制、优化公众参与机制、探索建立环保警察制度等措施完善环境监察执法机制。最后,独立环境监察执法体制与机制需要法律保障。     

Monitoring and enforcement for management of industrial wastes: case study for Thailand

Summary This paper seeks to set the appropriate standards for monitoring and enforcement for the management of industrial wastes and effluents in developing countries. It applies these environmental protection measures to the proposed Samutprakam Province improvement programme in Thailand.Dr Harvey F. Ludwig is a regular contributor toThe Environmentalist (see, for instance, Ludwig, 1990; Ludwig and Browder, 1992). He is Chairman of Seatec International Consulting Engineers where Sow Kim Leng is a consulting engineer. Wanida Srichai is based at the World Environment Center, Thailand Office, Bangkok, Thailand.     

Environmental regulation of trades by fixed standards: The Danish experience

Summary In 1986, the Danish Environmental Protection Agency established a new regulatory system aimed at small-scale polluting activities. Contrary to the dominant regulatory system based on individual standards for each polluting activity, the new regulatory system established uniform and fixed environmental standards for all activities within a trade. The fixed standards concern location, design and daily operation. Thus far, the new regulatory system has been implemented in the trades of fur farms and auto-repair shops.This study shows that fixed environmental standards reduce the total administrative costs, intensify local monitoring and enforcement of the standards, and improve the environmental state. It is proposed that the following criteria should be considered if the regulatory system is to be implemented in other trades. The trade should consist of many units and be characterised by a moderate pace of technological development, it should posses well-defined and well-known environmental problems, and have a cooperative trade association. In Denmark several trades have been identified as obvious objects for future regulation by fixed environmental standards.Bente Kjærgård is a Research Associate in the Department of Environment, Technology and Social Studies at Roskilde University. Correspondence should be addressed to this author. The other authors are Associate Professors in the same Department. Each author possesses a research degree as follows: Per Homann Jespersen in Chemical Engineering, Henning Schroll in Biology, Jesper Holm in Technological Planning, and Bente Kjærgård in Environmental Planning.     

新时期环境执法和环境监测联动机制构建探索

如何使环境执法与环境监测有机融合、协同联动,促进环境管理工作高效开展,是现阶段生态环境部门急需解决的问题。通过分析环境执法与环境监测在实际工作中存在的问题及新时期环境执法和环境监测融合发展的意义,提出应积极构建二者协同联动机制,以解决新型生态环境问题。     

Governance reform,external support,and environmental regulation enforcement in rural China: The case of Guangdong province

This paper examines how configurations of external support factors have evolved alongside governance reform in recent years and how these evolving configurations have affected regulatory enforcement in four counties in Guangdong Province in China. Based on in-depth interviews with leading officials in the local environmental protection bureaus (EPBs), we show that there have been increases in government and societal support for local EPBs in their regulatory work, thanks partly to a number of recent governance reform efforts, but many problems have remained. Based on a questionnaire survey of enforcement officials, we examine how the perceptions of government and societal support are related to EPB officials’ self-perception of effectiveness. It is found that both local government support and societal support have an influence on enforcement officials’ self-assessment of effectiveness, but the relationships varied considerably depending on various dimensions of effectiveness and the patterns of interactions between government and societal support.     

新形势下环境监察执法探析

环境监察执法是一种具体的、直接的环境保护执法行为。为更好地适应新形势下环境保护工作的要求,为节能减排服务,环境监察执法工作必须着力于"活、细、常",即变"单"为"活",变"粗"为"细",变"指"为"常"。     

Toward Active Community Environmental Policing: Potentials and Limits of a Catalytic Model

This paper offers a field tested community environmental policing model to address the pressing environmental management challenges of reducing e-waste burning in informal e-waste hubs, and enforcement against informal polluting industries more broadly. This is based on our intervention to reduce e-waste burning in a substantial informal e-waste hub in the West Bank, Palestine, a 45 km2 region in which an estimated 5–10 metric tonnes of cables are burnt daily, causing serious environmental and public health consequences. In analogous e-waste hubs in the global South, environmental management solutions have focused on economically attractive alternatives to replace cable burning or policies that integrate informal recyclers with formal e-waste management systems—achieving little success. Our paper describes a two-pronged intervention in Palestine’s e-waste hub, which reduced e-waste burning by 80% through a combination of economically competitive cable grinding services and an “active” community environmental policing initiative that lowered barriers to and successfully advocated for governmental policing of e-waste burning. Our discussion of this intervention addresses the community environmental policing literature, which has documented few successes stories of real improvements to the enforcement of environmental violations. We argue that existing strategies have relied on “passive” approaches comprised of monitoring and reporting environmental violations to advocate for change. Our strategy offers a template to improve outcomes through a more “active” approach, moving from monitoring environmental violations through understanding the rationale and dynamics of violators, identifying environmental policing barriers, and implementing a feasible and persuasive strategy to overcome them.     

Environmental management: An experiment in orientation in India

Summary Environmental management is a most critical input for achieving ecologically sound and balanced economic growth. It is essential that policy-makers and administrators accept the significance, principles and practices of environmental management, otherwise implementation of projects will not include the environmental protection measures. Environmental management training programmes for decision-makers are, therefore, essential. In India, The Department of Environment has initiated workshop for top level managers for sensitizing them to environmental management concepts. The experience in organizing and conducting such programmes may be of value to organizations in other developing countries, and is summarised in this paper.     

Rethinking remediation: mine reclamation,environmental justice,and relations of care

ABSTRACT

To date, research on mine remediation in North America has focused primarily on technical management; relatively less is known about the historical, political and social dimensions of remediation. Remediation, as a continuation of the mining process, alters local landscapes and economies and can be both dangerous and beneficial for surrounding communities. Because remediation projects tend to focus on the technical aspects of clean-up, such projects risk overlooking the environmental injustices associated with past development and obscuring blame or responsibility from industry and government for environmental degradation. Insofar as it is understood as cleaning up or repairing environmental damage, remediation is generally seen as “doing the good” and is less amenable to political or ethical challenges based on community concerns or values. This paper argues that greater attention needs to be paid to public participation and justice concerns associated with cleaning up mine sites. Drawing from the literatures on ecological restoration, environmental justice, reconciliation, discard studies, and matters of care, we highlight critical, yet overlooked issues in the remediation of post-mining landscapes. We argue that remediation projects present a unique opportunity for the negotiation and articulation of morals, values, histories, and physical experiences associated with mine sites and we seek to re-frame remediation as an ongoing, creative process of community healing.     

Integrative research on environmental and landscape change: PhD students' motivations and challenges

The growing demand for integrative (interdisciplinary or transdisciplinary) approaches in the field of environmental and landscape change has increased the number of PhD students working in this area. Yet, the motivations to join integrative projects and the challenges for PhD students have so far not been investigated. The aims of this paper were to identify the understanding of PhD students with regard to integrative research, their motivations to join integrative projects, their expectations in terms of integration and results, and to reveal the challenges they face in integrative projects. We collected data by a questionnaire survey of 104 PhD students attending five PhD Master Classes held from 2003 to 2006. We used manual content analysis to analyse the free-text answers. The results revealed that students lack a differentiated understanding of integrative approaches. The main motivations to join integrative projects were the dissertation subject, the practical relevance of the project, the intellectual stimulation of working with different disciplines, and the belief that integrative research is more innovative. Expectations in terms of integration were high. Core challenges for integration included intellectual and external challenges such as lack of knowledge of other disciplines, knowledge transfer, reaching depth, supervision, lack of exchange with other students and time demands. To improve the situation for PhD students, we suggest improving knowledge on integrative approaches, balancing practical applicability with theoretical advancement, providing formal introductions to other fields of research, and enhancing institutional support for integrative PhD projects.     

Environmental protection in Hong Kong amidst transition: Is Hong Kong ready to manage its environment by law?

Within the context of political democratization, this article explores environmental protection in Hong Kong since the government lauched a ten-year program to “save the environment” in 1989. Examining environmental management by law from a social-choice perspective, it argues that the government has yet to reach an integrative policy orocess. Hence the preconditions for an integrative set of environmental legislation are absent. Institutionally, without a comprehensive green policy, the current arrangements lack a vision as an integrative force to promote effective coordination among various sectoral environmental coordination among various sectoral environmental programs. The dominant approach of policy and law enforcement through consultation has rendered impossible strict enforcement of environmental rules and regulations as local economic growth enjoys a priority over environmental protection. At a time of environmental awakening, the people of Hong Kong are not yet prepared awakening, the people of Hong Kong are not yet prepared to participate in environmental management in a strict legal manner. The overall observation is that Hong Kong has yet to see more mature political, legal, administrative, and social conditions for managing its environment within a legal framework.     

注重提高技术监管水平--做好环保现场监察工作

环境监察作为开展环境保护工作的一种主要执法手段,在确定排污单位是否达标排放、治污设施是否正常运转时,不能简单地依据污染治理设施排放情况做出结论,而应注重运用技术手段开展全过程监察。要做好新时期的环保监察工作,确保环境安全、改善环境质量、服务科学发展,仅靠工作激情、完善规章制度、明确科室职责是不够的,执法人员技术监管能力的高低直接影响环境违法行为的查处等监察工作的开展,为杜绝业务不熟悉、执法技能低和被疑受罚的现象发生,环保部门在完善内控机制与强化执法监督的同时,应注重培训执法人员技术监管水平,提高监察技能,充分运用技术手段开展环境执法监察工作,对及时发现和查处环境违法行为至关重要。     

Historical Analysis of SO<Subscript>2</Subscript> Pollution Control Policies in China

Coal is not only an important energy source in China but also a major source of air pollution. Because of this, China’s national sulfur dioxide (SO₂) emissions have been the highest in the world for many years, and since the 1990s, the territory of China’s south and southwest has become the third largest acid-rain-prone region in the world. In order to control SO₂ emissions, the Chinese government has formulated and promulgated a series of policies and regulations, but it faces great difficulties in putting them into practice. In this retrospective look at the history of SO₂ control in China, we found that Chinese SO₂ control policies have become increasingly strict and rigid. We also found that the environmental policies and regulations are more effective when central officials consistently give environmental protection top priority. Achieving China’s environmental goals, however, has been made difficult by China’s economic growth. Part of this is due to the practice of environmental protection appearing in the form of an ideological “campaign” or “storm” that lacks effective economic measures. More recently, better enforcement of environmental laws and regulations has been achieved by adding environmental quality to the performance assessment metrics for leaders at all levels. To continue making advances, China needs to reinforce the economic and environmental assessments for pollution control projects and work harder to integrate economic measures into environmental protection. Nonetheless, China has a long way to go before economic growth and environmental protection are balanced.     

安康中心城市饮用水水源地环境现状调查分析及保护措施

根据安康中心城市两个饮用水水源地环境现状调查和水质监测结果,按照国家《地表水环境质量标准》(GB3838-2002),采用比照法进行了环境质量现状评价。同时,针对目前水源地存在的环境问题,提出了法律法规和制度保护措施、组织保障措施、各级水源保护区的工程治理措施,以及相应的生态修复与建设重点工程和管理能力建设重点工程等,对于改善水源地生态环境系统,有效地保证安康市生活饮用水质量和促进区域水资源可持续利用具有一定的指导作用。