海洋管理信息系统的应用

建设海洋管理信息系统是海岸带综合管理获取正确信息,协调海洋开发活动冲突及避免海洋管理漏洞的客观要求。本文通过论述目前已经用于实践的数据库型、办公自动化型、决策支持型等三种类型的海洋管理信息系统,结合福建省海洋资源与环境管理信息系统建设规划,提出我国建设海洋管理信息系统必须重视数据源、信息共享机制及系统的业务化运行等问题。     

Why does environmental compliance cost more than penalty?

In the environmental protection field of China, due to “lower law-breaking cost but higher law-abiding cost”, it is a common case that the enterprise chooses to break through the law on purpose. The punishment to the unlawful practices by the law directly decides the law-breaking cost of the enterprise, furthermore, influences the willingness to abide by the law and the trend to break through the law. The law-breaking cost of enterprises is jointly decided by the administrative liability, civil liability and criminal liability. However, in China, the enterprises breaking through the law are mainly penalized for the administrative liabilities, focusing less on the civil compensation liability on the environmental damage and criminal liabilities on the environmental crimes. Nevertheless, a complete environmental liability system is composed by administrative punishment, civil compensation and criminal sanction, none of which is dispensable. Therefore, the three layers defense could be established on punishing and deterring the environmental law-breakers. Considering all three aspects, administrative liability, civil liability and criminal liability, this paper analyzes the systemic disadvantages of the current environmental administrative punishment, civil compensation and criminal sanction in China, and investigates the legitimate reasons for the higher law-abiding cost compared with the law-breaking cost, and it is finalized with the measures and suggestions to solve this problem.     

船舶污染事故国家损失赔偿初探

探讨了船舶溢油污染事故国家损失赔偿主体、赔偿范围和索赔方法。     

When biologists and engineers collide: Habitat conservation planning in the middle of urbanized development

The City of Austin, Texas, is one of the fastest growing metropolitan areas in the United States. It is also in one of the most biologically diverse terrestrial ecosystems in the world: the Balcones Canyonlands. Five cave invertebrates and two species of birds that inhabit the area are listed as threatened or endangered, two species of plants are candidates for listing, several others are considered rare and of concern, and a species of the salamander has also been proposed for listing. A habitat conservation plan, of national significance according to Secretary of Interior Bruce Babbit (Haurwitz 1996), has been under development for the last several years to conserve those endangered species through a 2400-ha system of preserves and to allow development to continue in more than 162,000 ha of surrounding area. The preserve system, comprising several units ranging in size from less than a hundred to several thousand hectares, would be bordered in many instances by developed areas. Development and maintenance of the infrastructure necessary for new and existing development, both commercial and residential, could have negated the biological value of the preserves (e.g., power-line corridors, water-treatment pipelines and facilities). The challenge of bringing this plan to fruition illustrates the complex biological, technical, and sociological context within which habitat conservation planning may occur. Resolving resource use conflicts of this nature have several commonalities that overarch these contexts. If recognized and addressed, one may move easily and foster positive results. These commonalities can be expressed as principles such as: relying on scientists to recognize, but not solve problems; acting before a scientific consensus is achieved; including human motivation and responses as part of the system to be studied and managed; and confronting uncertainty.     

广州市民用建筑工程室内环境污染物水平

对广州市天河区和白云区182个民用建筑工程进行验收时,共对1730个检测点室内环境的游离甲醛、氨、氡、苯和TVOC等污染物浓度进行检测。结果除室内氡浓度全部检测合格外,其它超过民用建筑工程室内环境污染物浓度限量的检测点有:甲醛(20个)、氨(1个)、苯(31个,其中9个为Ⅱ类民用建筑工程)、TVO(C20个,其中2个为Ⅱ类民用建筑工程)。超过规定限量的检测点全部为已装修的房间,要求对不合格房间采取处理措施后,进行样品数加倍检测,结果全部合格。     

环境侵权民事责任诉讼时效制度分析

环境侵权民事责任诉讼时效制度对于保障环境侵权受害人的利益有着重要作用。对我国现行环境侵权民事责任诉讼时效制度作出分析 ,指出其不足 ,并提出建议。     

Conservation as Virtue: a Scientific and Social Process for Conservation Ethics

Abstract:  Most scientists take ethical arguments for conservation as given and focus on scientific or economic questions. Although nature conservation is often considered a just cause, it is given little further consideration. A lack of attention to ethical theory raises serious concerns for how conservation scientists conceive and practice ethics. I contrast two common ways scientists approach ethics, as demonstrated in the writings of Stephen Jay Gould and E. O. Wilson. Gould casts severe doubt as to whether any ethics are possible from science, whereas Wilson proposes science as the only path to ethics. I argue these two methods ultimately limit popular support for conservation and offer Alasdair MacIntyre's "virtue ethics" as an alternative. Unlike Gould and Wilson, MacIntyre provides an ethical theory that reconciles scientific inquiry and social traditions. Recent studies of the Civil Rights Movement in the United States affirm MacIntyre's claims and provide important insights for conservation today. These accounts argue that social solidarity and political success against segregation were possible only as rooted in the particular language, logic, and practices of a robust cultural tradition. If correct, conservation science should attend to several questions. On what basis can conservation achieve widespread cultural legitimacy? What are the particular social currencies for a conservation ethic? What role does science play in such a scheme? MacIntyre's careful positioning of scientific and social traditions provides a hopeful ethical direction for conservation.     

民航安全信息管理能力评价体系研究

对民航单位的安全信息管理能力进行科学有效的评价有助于提高其安全信息管理水平,进而提升安全绩效。借鉴已有信息管理研究成果,提出基于资源、过程及效果综合视角的民航安全信息管理能力模型,并结合民航单位调研访谈构建了由58个指标构成的初始指标集,通过指标聚类、样本聚类、变异系数3种方法筛选得到32个代表性指标。利用因子分析法、专家打分法、变异系数确定各指标权重,最后通过安全信息管理能力的模拟值与安全现状的相关分析验证各方法的有效性,并确定了评价指标体系。     

Scaling up site disputes: strategies to redefine ‘local’ in the fight against fracking

Plans to replace an aging diesel backup energy plant with liquid natural gas (LNG) generators in Whitehorse, Yukon, resulted in a public outcry, involving community meetings, massive petitions, and demonstrations. Are these civil society protests just a case of a local siting dispute – a response to an unwanted industrial site in an urban neighborhood? Here, it is argued that siting debates are not the driver of these campaigns, but instead are harnessed by activists to advance a broader environmental movement. By linking the LNG project to more distant extraction, involving hydraulic fracturing (‘fracking’), movement leaders portray the entire territory as part of the ‘local’ for Whitehorse residents. Movement leaders rely upon two key mechanisms: claiming insider status, and identifying visible symbols. This case reveals the strategic use by environmental movements of local concerns to recruit support for broader campaigns, and the value of local, place-based activism for broader environmental movements.     

建立我国环境民事纠纷仲裁制度刍议

目前,我国环境民事纠纷的处理方式主要有协商、调解和诉讼三种方式,这几种方式分别存在着一定的缺陷。环境仲裁是解决环境民事纠纷的一种良好方式,在某种程度上可以克服以上几种方式存在的一些缺陷,同这几种方式能起到一定的互补作用。文章介绍了环境民事纠纷仲裁制度的意义并分析了我国环境民事纠纷仲裁制度应具备的特点,力图为建立环境民事纠纷仲裁制度提出法律建议。