南京工业大学学报（社会科学版）2016，Vol.15Issue(2)：36-51,16.
中国环境法上合作原则的演化路径与治理功能--以城市环境治理中认证能力为中心的考察∗
On Evolutionary Path of Cooperation Principles and Governance Capabilities of Chinese Environmental Law:A Research based on Authentication Capabilities in Urban Environmental Governance
摘要
Abstract
Concerns over cooperation principles are reasonable in Chinese environmental law in a specific back-ground which reveals the meaning and function of the environmental management system of legal principles. It is not only a statement from theoretical sense, but also a demand for law to take functions in national environmental governance.An important indicator of national environmental governance is authentication capability, via which the relationship between man and environment will be turned into a concrete, perceptible, measurable and certi-fiable relationship between man and space, and on which, environmental governance could be based. Weak na-ture of cooperation principles in environmental law lies in that national legal authentication capability was distrib-uted unevenly in the areas of environmental protection. The cooperation principles of environmental law are de-veloping with the development of China′s environmental protection as well as the new environmental law. In order to face the challenges of environmental governance, the expanding path should be considered to start from areas with the strongest authentication capacity and national governance, i.e. land authentication. Take cities as an ex-ample, environmental governance should be set free from standard legal applications and leave room for relatively flexible sensory and aesthetic judgment in urban land planning. The essence of cooperation is not only social movement, but a state of good governance in which citizens have a high density of interaction with the state. "Possessions Make perseverance", which means confirmed and quantified private environmental interests with legal authentication to the maximum extent possible, may be an important breakthrough in promoting the princi-ples of cooperation in Chinese environmental law.关键词
环境法/合作原则/城市环境治理/环境要素认证/城市规则Key words
environmental law/principles of cooperation/urban environmental governance/environmental ele-ments certificate/urban planning分类
政治法律引用本文复制引用
吴凯..中国环境法上合作原则的演化路径与治理功能--以城市环境治理中认证能力为中心的考察∗[J].南京工业大学学报（社会科学版）,2016,15(2):36-51,16.基金项目
国家社会科学基金一般项目(15BFX147) （15BFX147）
