关于环境保护法制理论与实践的若干问题

回顾了我国环境保护法制建设的成就和经验。根据我国２０年来环境保护法制建设的经验，从理论和实践两方面论述了值得探讨的若干问题，并就进一步完善我国环境保护法制提供了建议。     

Effects of dry bulk density and particle size fraction on gas transport parameters in variably saturated landfill cover soil

Landfill sites are emerging in climate change scenarios as a significant source of greenhouse gases. The compacted final soil cover at landfill sites plays a vital role for the emission, fate and transport of landfill gases. This study investigated the effects of dry bulk density, ρ(b), and particle size fraction on the main soil-gas transport parameters - soil-gas diffusivity (D(p)/D(o), ratio of gas diffusion coefficients in soil and free air) and air permeability (k(a)) - under variably-saturated moisture conditions. Soil samples were prepared by three different compaction methods (Standard and Modified Proctor compaction, and hand compaction) with resulting ρ(b) values ranging from 1.40 to 2.10 g cm(-3). Results showed that D(p) and k(a) values for the '+gravel' fraction (<35 mm) became larger than for the '-gravel' fraction (<2mm) under variably-saturated conditions for a given soil-air content (ε), likely due to enhanced gas diffusion and advection through less tortuous, large-pore networks. The effect of dry bulk density on D(p) and k(a) was most pronounced for the '+gravel' fraction. Normalized ratios were introduced for all soil-gas parameters: (i) for gas diffusivity D(p)/D(f), the ratio of measured D(p) to D(p) in total porosity (f), (ii) for air permeability k(a)/k(a)(,pF4.1), the ratio of measured k(a) to k(a) at 1235 kPa matric potential (=pF 4.1), and (iii) for soil-air content, the ratio of soil-air content (ε) to total porosity (f) (air saturation). Based on the normalized parameters, predictive power-law models for D(p)(ε/f) and k(a)(ε/f) models were developed based on a single parameter (water blockage factor M for D(p) and P for k(a)). The water blockage factors, M and P, were found to be linearly correlated to ρ(b) values, and the effects of dry bulk density on D(p) and k(a) for both '+gravel' and '-gravel' fractions were well accounted for by the new models.     

Can fear of going to jail reduce the number of road fatalities? The Spanish experience

The goal of this article is to evaluate the impact of the drastic Spanish Penal Code reform on the number of road deaths in Spain and the time that the effects might last. This is achieved by means of multivariate unobserved component models set up in a state space framework estimated using maximum likelihood. In short, with this reform Spain might be considered to be closing the final gap that kept it apart from other developed countries as far as the road accident rate is concerned. We have found two different types of effects on Spanish road traffic fatalities. Initially, a month before the reform was passed there was a 24.7 percent fall in Spanish road deaths. After the Bill had been passed and for the following thirteen months, the reduction stayed at a constant sixteen percent. This reform has reduced Spanish road fatalities by 534 in all between November 2007 and December 2008 and the effects will foreseeably continue during 2009.     

德国危险废物管理若干法律制度简述

德国通过清除计划，申报登记，清除机构、许可、运输、货单、鉴定、登记、交换、政府财政援助等法律制度对危险废物实行集中管理，保证对危险废物的流向进行有效跟踪，实现从产生到处置全过程监控。     

试论环境行政执法

运用行政法学理论,结合环境管理的特点,对环境行政执法的概念、主体、内容等进行了探讨,并提出了较为全面、系统的执法程序。     

环境行政执法存在的问题及应对措施

环境保护执法不到位、行政不作为、执法难、执法软等现象,不仅损害了环境法律的严肃性和环保部门的形象,在一定程度上纵容了环境违法行为,地方保护主义等因素的存在,又使环境执法难成为各地的普遍存在的问题。因此环保部门应尽快制定措施,完善法规、健全机制、强化执法力量、加大宣传力度。     

Chemical leasing: cooperative business models for sustainable chemicals management. Summary of research projects commissioned by the Austrian Federal Ministry of Agriculture, Forestry, Environment and Water Management

- Sustainable chemistry - Section editors: Klaus Günter Steinhäuser, Steffi Richter, Petra Greiner, Jutta Penning, Michael AngrickBackground, Aim and Scope Chemicals play a vital role in the day-to-day life of industrialised societies. Their use is not restricted to the chemical enterprises per se, but is a crucial part of production processes in a lot of industrial sectors. Traditional instruments of environmental policy (such as bans, restrictions) can only deal with the most hazardous substances. The Johannesburg Implementation Plan of 2002 calls for more sustainable patterns of production and consumption, and sets the year of 2020 as a goal to use chemicals in a way that human health and the environment are not endangered. Political instruments should not only gather more knowledge about the properties of chemicals, but should also stimulate the environmentally sound use of chemicals. Existing business models should therefore be reviewed in relation to this strategic approach to encourage marketing options with respect to the environmental focus.Main Features Business models were examined for their effects on the consumption of chemicals and amount of waste emissions in relation to their economic potential. Different possibilities for cooperation of supplier, user and disposal companies were elaborated and examined with a view to the specific situation in Austria.Results and Discussion A range of cooperative models – summarised under the term ‘chemical leasing’ - was identified, which can contribute to a more efficient use of resources. 12 main possible application areas (cleaning, lubrication, paint stripping and others) have been identified in Austria. If chemical leasing models were applied in these areas, the amounts of chemicals currently used could be reduced by one third (53,000 tonnes per year). Cost reductions of up to 15 % can be expected.Conclusion The application of chemical leasing models can contribute considerably to achieving more sustainable and resource-efficient patterns of production. The Austrian Ministry for Environment has therefore decided to subsidise the further practical implementation of these new service-oriented business models. Pilot projects in 4 enterprises, which are supervised by consulting companies, are currently being carried out. Recommendation and Outlook The experiences of the pilot projects will serve as valuable building blocks for the wider use of chemical leasing models. Furthermore, the UNIDO Cleaner Production Centres have expressed their clear interest and will examine the possibility to use chemical leasing as a part of their Cleaner Production Programmes.     

自然灾害风险分析的信息矩阵方法

从致灾因子危险性分析，到伤亡和损失的可能性研究，自然灾害风险分析由4个环节组成，即致灾因子、承灾体输入、承灾体输出和社会系统。在大多数据情况下，风险事件的不确定性，主要来自于致灾因子时间、地点、强度的不确定。因此，自然灾害风险分析主要涉及两类模式识别：致灾因子概率分布识别和承灾体系统输入-输出关系识别。由于概率分布和输入-输出关系在数学上均可用函数表达，所以，自然灾害风险分析涉及的两类模式识别，均是函数关系的识别。给出了用信息矩阵识别这些函数关系的方法。为演示该方法的优点，用它处理了在我国得到的地震数据，识别了震中烈度与震级的关系。结果表明，得到的结果比线性回归、基于正态分布的模糊推理和人工神经元网络等的结果好。     

论我国保护森林资源刑事立法的完善

目前我国破坏森林资源的犯罪仍处于高发阶段,且形式多样.虽然我国刑法确立了非法采伐、毁坏正规林木罪等罪名,但不足以遏制此类犯罪的发展势头,因此,进一步完善此类犯罪的刑罚体系及其相关制度应成为刑事立法的重点.     

市政公用特许经营法律属性的探讨

本文通过分析市政公用特许经营行政许可和民事行为的特点，得出市政公用特许经营具有行政许可和民事经济行为的双重法律属性的结论，并尝试提出了在项目实际操作中如何正确处理这种特殊性的方法。