关于《中华人民共和国刑法》环境犯罪规定的思考

《刑法》修订后，在环境犯罪的立法体例、犯罪主体、定罪处罚等方面取得了很大的进步。但是《刑法》在立法模式构成、犯罪客观要件、处罚和可操作性以及与环境资源法规中的刑法规范相协调等问题上还存有诸多缺陷。因此有必要从上述几方面入手，完善环境犯罪的刑事立法。     

Left to interest groups? On the prospects for enforcing environmental law in the European Union

ABSTRACT

There have been important changes in the enforcement of European Union environmental law over the last 25 years. Environmental law has traditionally been reliant on the European Commission, but the Commission has started to withdraw from enforcement. Instead, it is undertaking efforts to ‘outsource’ enforcement to environmental non-governmental organisations (NGOs) by systematically promoting access for such groups to national courts. While the Commission has indicated that it sees centralised and private enforcement as substitutes, the advantages and drawbacks of each mechanism are evaluated and it is concluded that both mechanisms have an important role to play. In particular, the private enforcement of EU environmental law is dependent on national opportunity structures that are unlikely to ever be fully liberalised and harmonised by EU procedural law. Private enforcement is therefore not a panacea for compliance problems, and the growing absence of a central enforcing authority is a cause for concern.     

Public Participation Mechanisms in Environmental Disasters

This paper examines the role of public participation mechanisms in certain major environmental disasters. It examines situations in which people’s lifestyles or their lives have been directly threatened, and thus elicited citizen participation. Threatening issues often seem morally, physically, socially, economically, religiously, and otherwise unacceptable to a group. As will be presented in this paper, citizens voluntarily participate in a community activity when they see that their way of life has been threatened. An introductory historical perspective, the legal framework upon which it is based, and background information on the participatory mechanisms, all emphasizing the importance and need for empowering citizens with participatory skills so as to bring changes in the existing educational, legal, and social systems are presented. The major environmental accidents/disasters of Minamata, Japan; Bhopal, India; Seveso, Italy; Chernobyl, Ukraine; and Exxon-Valdez, Alaska are discussed, mainly to indicate the reaction, and the participatory mechanisms used by the affected communities in each of the sudden disasters that occurred. If citizens worldwide had been active participants in the environmental issues, it is quite possible that we would have experienced fewer environmental accidents.     

Synergy or substitution? The interactive effects of insiders' fairness and support and organizational socialization tactics on newcomer role clarity and social integration

Drawing on fairness heuristics theory (Lind, 2001) and cue consistency theory (Maheswaran & Chaiken, 1991; Slovic, 1966), we test a moderated mediation model that examines whether the institutionalization of organizational socialization tactics enhances or constrains the beneficial effects of supervisory and coworker‐referenced justice and support on newcomer role clarity and social integration. The findings of a three‐wave study of 219 French newcomers show that although institutionalized tactics strengthen the positive indirect effects of supervisory interpersonal and informational justice on role clarity, via perceived supervisor support, it also acts as a substitute that weakens the positive indirect effect of coworker‐referenced interpersonal justice on social integration, via perceived coworker support. Implications of the findings for socialization research and practice are discussed.     

It is time for justice: How time changes what we know about justice judgments and justice effects

Organizational justice is an important determinant of workplace attitudes, decisions, and behaviors. However, understanding workplace fairness requires not only examining what happens but also when it happens, in terms of justice events, perceptions, and reactions. We organize and discuss findings from 194 justice articles with temporal aspects, selected from over a thousand empirical justice articles. By examining temporal aspects, our findings enrich and sometimes challenge the answers to three key questions in the organizational justice literature relating to (i) when individuals pay attention to fairness, including specific facets, (ii) how fairness judgments form and evolve, and (iii) how reactions to perceived (in)justice unfold. Our review identifies promising avenues for empirical work and emphasizes the importance of developing temporal theories of justice. Copyright © 2014 John Wiley & Sons, Ltd.     

Exploring the emergence of a tipping point for conservation with increased recognition of social considerations

Despite a common understanding of the harmful impacts of Western conservation models that separate people from nature, widespread progress toward incorporating socioeconomic, political, cultural, and spiritual considerations in conservation practice is lacking. For some, the concept of nature-based solutions (NbS) is seen as an interdisciplinary and holistic pathway to better integrate human well-being in conservation. We examined how conservation practitioners in the United States view NbS and how social considerations are or are not incorporated in conservation adaptation projects. We interviewed 28 individuals working on 15 different such projects associated with the Wildlife Conservation Society's Climate Adaptation Fund. We completed 2 rounds of iterative coding in NVivo 12.6.1 to identify in the full text of all interview responses an a priori set of themes related to our research questions and emergent themes. Many respondents saw this moment as a tipping point for the field (one in which the perceived values of social considerations are increasing in conservation practice) (76%) and that social justice concerns and the need to overcome racist and colonial roots of Western conservation have risen to the forefront. Respondents also tentatively agreed that NbS in conservation could support social and ecological outcomes for conservation, but that it was far from guaranteed. Despite individual intention and awareness among practitioners to incorporate social considerations in conservation practice, structural barriers, including limited funding and inflexible grant structures, continue to constrain systemic change. Ultimately, systemic changes that address power and justice in policy and practice are required to leverage this moment to more fully address social considerations in conservation.     

The need for ecocentrism in biodiversity conservation

Over the past 5 decades, scientists have been documenting negative anthropogenic environmental change, expressing increasing alarm, and urging dramatic socioecological transformation in response. A host of international meetings have been held, but the erosion of biological diversity continues to accelerate. Why, then, has no effective political action been taken? We contend that part of the answer may lie in the anthropocentric ethical premises and moral rhetoric typically deployed in the cause of conservation. We further argue that it is essential to advance moral arguments for biodiversity conservation that are not just based on perceived human interests but on ecocentric values, namely, convictions that species and ecosystems have value and interests that should be respected regardless of whether they serve human needs and aspirations. A broader array of moral rationales for biodiversity conservation, we conclude, would be more likely to lead to effective plans, adopted and enforced by governments, designed to conserve biological diversity. A good place to start in this regard would be to explicitly incorporate ecocentric values into the recommendations that will be made at the conclusion of the 15th meeting of the parties to the Convention on Biological Diversity, scheduled to be held in October 2020.     

Justice in development? An analysis of water interventions in the rural South

This paper explores a fruitful convergence between the distributive and procedural dimensions of environmental justice theory and current debates in the field of development studies over capitals and capabilities, institutions, and discourse formation to shed new light on natural resource management projects in the developing world. Specifically, we document the planning and implementation of two types of water interventions in two contrasting regions: watershed development programmes in northeast India and small reservoirs in sub‐Saharan West Africa. We find that there is a contradiction between the inherently political nature of water interventions and the fact that such projects remain grounded in apolitical, technical and managerial narratives. In contrast to the new semantic of development, this depoliticization results in the near absence of attention paid to procedural (participation and empowerment) and distributive (equity) justice concerns and in local actors having to revert to covert ways to achieve their ends. A constructive dialogue between development studies and environmental justice scholars can offer a fresh look on the society‐environment nexus in the developing world.     

Effects of leadership consideration and structure on employee perceptions of justice and counterproductive work behavior

In this paper, we examine the effects of leadership consideration and structure on two important organizational behavior outcomes: employee perceptions of organizational justice and counterproductive work behavior (CWB). We examine these effects across two studies using multisource data (employees and supervisors in Study 1; employees and coworkers in Study 2). Results reveal that consideration and structure have distinct effects across distributive, procedural, informational, and interpersonal dimensions of justice. Moreover, results suggest that consideration and structure have multiplicative effects on employee CWB. We find the highest levels of CWB among employees of supervisors who exhibit high structure and low consideration. Interestingly, results also suggest that the effects of structure on CWB may be curvilinear (u‐shaped) such that moderate levels of structure are associated with the lowest levels of CWB. We discuss implications for future consideration and structure research as well as managerial practice. Copyright © 2012 John Wiley & Sons, Ltd.     

A Non-confrontational Approach to Socially Responsible Air Pollution Control: The electoral experience of Kitakyushu

Social scientists have described Japan's urban anti-pollution protests in the 1960s as a national phenomenon. However, in Kitakyushu, Japan's most polluted industrial city at that time, no distinct citizens' movement developed. Because local politics and economics were so dominated by large industry, its citizens were reluctant to directly challenge these industries. Instead, local women's groups studied local pollution problems and presented their general findings to the public. These activities raised public awareness and resulted in increased support for local leftist politicians because leftist administrations had succeeded in cutting pollution in their cities. Kitakyushu's conservative mayor and local industry both became concerned that leftists would win the next local elections if pollution was not reduced. Thus the municipal government utilised scientific pollution data and prepared individualised pollution reduction recommendations in sulphur oxide pollution control agreements, which were accepted and complied with by all local industries. The result was a significant reduction in air pollution without the need for active intervention from Kitakyushu's citizenry. Cientificos sociales han descrito las protestas anti-polución urbana de Japon en los años 60 como un fenómeno nacional. Sinembargo, en Kitakyushu, ciudad industrial japonesa más polucionada en ese tiempo, no se desarrollóningún movimiento ciudadano evidente. Debido a que las políticas locales y económicas eran dominadas por la gran industria, sus ciudadanos no estaban dispuestos a retar directamente estas industrias. En lugar de eso, grupos locales de mujeres estudiaron problemas locales de polución y presentaron sus resultados al público. Estas actividades despertaron conciencia pública y resultaron en el incremento del apoyo para políticos izquierdistas locales debido a que las administraciones izquierdistas habían triunfado en la reducción de la polución en sus ciudades. El alcalde conservador y la industria local de Kitakyushu empezaron a preocuparse que los izquierdistas ganarían las próximas elecciones locales si la polución no era reducida. Asíque, el Gobierno Municipal utilizó información científica sobre polución y preparó recomendaciones de reducción de polución individualizada en acuerdos de control de polución en oxído sulfurico, los cuales fueron aceptados y obedecidos por todas las industrias locales. El resultado fue una significativa reducción en la polución del aire sin la necesidad de la intervención activa de parte de la ciudadania de Kitakyushu.