环境法的“污染者负担“原则研究

“污染者负担”原则的接受和确认，在我国环境立法中是一个渐进深化过程。在环境法中确立“污染者负担”原则，首先涉及的是“污染者负担”的法律界定。我国环境立法先后规定了“准污染，谁治理”和“污染者治理”原则，但有其固有缺陷，亟须改造为“污染者负担”原则。

Study on Polluter Pays' Principle in Environmental Law

It was a gradually advanced cotirse to accept and affirm the Polluter Pays Principle(PPP) in our environmental legislation. In order to fix the PPP in the environrnenal law, the first thing that concerned was how to legally define the polluter's liability. Our environmtnal legislation had been declared successively the principles Which were Who pollutes, Who controls and Polluter dritrols. But it was intrinsically defective and must be replaced by the PPP, which was displayed by liability forms such as pollution prevention, compensation and damges. Accordingly, it should amend some fundamental systems of environmental law, such as the Three Simultaneities, Pay the Fee for the Discharge of Pollutants, Setting Deadlines for Pollution Control.