畋论环境权救济法律制度的基本内容和结构－从环境权的视角分析

简要介绍了环境权理论及其法律实践，指出应当同时从实体意义和程序意义两个方面来理解和把握环境权；明确和界定了“救济”的含义，并进一步指出环境权救济法律制度包括 环境民事救济法和环境行政救济法两大部分。而前者又可分为环境侵害的民事排除和环境侵权损害的民事赔偿法；后者又可分为环境侵害的行政排除法、环境侵权损害的行政补偿法、环境民事纠纷行政处理法、环境行政权损害的国家赔偿法等。     

Water rights and legal pluralism: four contexts for negotiation

Increasing water scarcity is increasing pressure on water management institutions, particularly in the area of water rights. A common response is to formalise water tenure, one of several options for securing access and resolving conflicts concerning water allocation. This article looks at four contexts where negotiation, self-governance and concepts of legal pluralism may help improve water resource management. Existing users and potential new users need to negotiate before water resources are developed. Users can participate in forums with authority to solve basin management problems through self-governance. Negotiated water transfers offer an alternative to water acquisition by expropriation.     

Results from a national survey of Crown prosecutors and defense counsel on impaired driving in Canada: A “System Improvements” perspective

Introduction

This article summarizes the main findings from a study designed to examine the legal process in Canada as it applies to alcohol-impaired driving from the point of view of Crown prosecutors and defense counsel, and to identify evidentiary or procedural factors that may impact the legal process, the rights of the accused, and interactions of all parts in the legal process.

Method

The data in this study were collected by means of a survey that was mailed out to the population of Crown prosecutors and defense counsel in Canada. In total, 765 prosecutors and 270 defense lawyers or an estimated 33% of all Canadian prosecutors and 15% of defense lawyers completed and returned the questionnaire. The "systems improvement" paradigm was used to interpret the findings and draw conclusions. Such an approach acknowledges the importance of the context in which countermeasures are implemented and delivered and the structures or entities used to deliver countermeasures to a designated target group.

Results

Results on type of charges and breath alcohol concentration, caseload, case outcomes, case preparation time, conviction rate at trial and overall conviction rate, reasons for acquittals and time to resolve cases are described.

Discussion

The findings from this national survey suggest that there are important challenges within the criminal justice system that impede the effective and efficient processing of impaired driving cases. Some of these challenges occur as a function of practices and policies, while others occur as a function of legislation.

Impact on industry

This study illustrates that a "system improvements" approach that acknowledges the importance of all elements of the criminal justice system and the interaction between those elements, can be beneficial in overcoming the alcohol-impaired driving problem.     

深化大气环境监测管理立法的对策

简述了当前大气环境污染演变趋势特征及面临的挑战,分析了环境监测预警在法制建设方面的薄弱环节。提出,要以《江苏省大气污染防治条例》实行为契机,强化政府环境监测的职能;赋予监测数据应有的法律属性;强化环境的全要素监测;建立以环境质量为目标导向的监测管理制度;严厉打击数据弄虚作假;加快监测信息全公开。     

Institutional Challenges for EIA Implementation in China: A Case Study of Development Versus Environmental Protection

This paper provides a complete case study analysis of environmental impact assessment (EIA) implementation in China from planning to legal challenge, which is typical but rarely reported. The analysis takes an historical perspective on the regulatory and institutional structures through which EIA has been implemented in China, in order to evaluate the extent to which EIA has matured over the last 10 years. The case study relates to a proposed recreation/tourist development at Dianshan Lake, a protected water resource for Shanghai. Legal and administrative challenge began in 1993, when the case was initiated with a letter from the public, and concluded in 1996, when the case was decided in a court judgment. More recent follow-up research indicates that many issues have continued to be problems for EIA implementation in China. Policy implications in terms of regulatory structure, institutional arrangement, EIA procedure, EIA practitioners, and public participation can be drawn, and lessons learned for both the government and the developers. The study emphasizes the problem of relying on reorientation of existing institutions to promote new (environmental) priorities.     

环境侵权的法律救济原则

环境侵权的法律救济原则是环境侵权法律救济制度中的一个重大问题。针对环境侵权的特点，从有效救济和全面考虑的思路出发，环境侵权的法律救济原则应该是：环境（权利）保护与经济发展兼顾，受害人保护的适度倾斜，事先救济与事后救济并重，个人责任与社会责任结合。     

关于入世后的环境保护法律对策

阐述了世界贸易组织有关环境保护的法律与实践，从国际法和国内法的角度，探讨相应的法律对策，使中国的环境保护工作适应入世后的新形势。     

县级环境保护行政主管部门如何做好行政复议法实施前的准备工作

《中华人民共和国行政复议法》将施行。针对县级环境保护行政执法人员认为自身没有复议权，该法的实施与已关系不大的偏面认识，通过分析执法工作现状，从清理文件与行政复议法规定要求衔接，增强责任感等方面提出要充分做好行政复议法实施前的各项准备工作。     

Large-scale shrimp farming in coastal wetlands of Venezuela,South America: Causes and consequences of land-use conflicts

In Venezuela, large-scale shrimp farming began in the 1980s. By 1987, the Ministry of Environment and Natural Resources (MARNR) had received 14 proposals for approval. A developer illegally started the construction of ponds at the Píritu Lagoon in the State of Anzoátegui before the authorization process was completed. This action triggered a land-use conflict. This study identifies the causes for public protest and determines the consequences of this conflict for land-use management. The results show that public protest was based on the impacts of the partial construction of ponds. These impacts were related to direct removal of wetlands, interruption of natural patterns of surface flows, and alteration of feeding grounds of some bird species with migratory status. Consequences were identified in relation to the role that nongovernmental organizations (NGOs) play in land-use conflicts and the actions that MARNR could take in the future to prevent and solve similar situations.     

试论社会主义市场经济体制下的安全立法

探讨了法制与安全科学的相互关系,安全立法的作用以及社会主义市场经济体制下安全方法的重要性与紧迫性;提出了关于安全立法的几点建议。