中国人口·资源与环境2017，Vol.27Issue(8)：44-53,10.DOI:10.12062/cpre.20170524
海底可燃冰开发环境风险多元共治之论证与路径展开
Multi-governing of environmental risk in exploiting seabed gas hydrates
摘要
Abstract
Effective regulation of the multiple types of ecological environmental risks associated with the development of gas hydrate in the seabed is the internal demand to ensure the healthy development of gas hydrate industry.The paper aims to study the theoretical basis of environmental risk multi-governing in the development of gas hydrate industry,practical necessity and its own institutional paths on the concept and system of environmental rule by law under the present legal system of China.This paper mainly uses the typed method to sort and conclude the specific types of environmental risk caused by gas hydrate exploitation in seabed.By means of theoretical analysis and value analysis,this paper demonstrates the necessity of environmental risk in the development of gas hydrate in the seabed.Through the methodology of doctrinal analysis,comparative analysis and systematic analysis,the paper examines and analyzes the performance,advantages and disadvantages of the system under the exiting Chinese administrative control model in the regulation of the risks in the development of gas hydrate environmental risks,it concludes and expands the system path of environmental risk.The basic conclusion is that the existing environmental control model is difficult to effectively control the new environmental risks caused by gas hydrate development,China's innovative environmental diversification model can correct the deficiencies in the government one-dimensional control gas hydrate risk,make up the ‘ regulatory law’ in the regulation of the environmental risk of gas hydrate,and overcome the single administrative order in the regulation of the environmental risk of gas hydrate.The multi-governing model should be systematized to avoid the environmental risk in exploiting seabed gas hydrate.This paper puts forward to specific proposals from improving administrative supervision and promoting private governance to expand environmental risk multi-governing of exploiting seabed gas hydrate.We should perfect the administration and supervision.The legal norms such as Environmental Protection Law and Marine Environment Protection Law have been expanded and applied,but there are endogenous defects due to the indirect and scattered nature of regulation path,which needs special legislation urgently.In the promotion of private governance,pluralistic commentaries governance mechanism is divided into multi-participation mechanism and litigation mechanism.We should attach importance to the comprehensive utility of environmental protection organizations,gas hydrate industry associations and private individuals in dealing with the environmental risk in exploiting seabed gas hydrate by participating in environmental governance and instituting lawsuits against environmental tort.关键词
海底可燃冰/环境风险/多元共治/制度路径Key words
seabed gas hydrates/environmental risk/multi-governing/legal verification/institutionalized route分类
社会科学引用本文复制引用
刘超..海底可燃冰开发环境风险多元共治之论证与路径展开[J].中国人口·资源与环境,2017,27(8):44-53,10.基金项目
中国法学会2016年度部级法学研究课题“21世纪海上丝绸之路区域能源合作法律问题研究”(批准号:CLS(2016) D157) （批准号:CLS(2016）
华侨大学2014年度“海上丝绸之路”专项研究重点课题“能源海上丝绸之路安全保障法律机制研究”(批准号:HSZD2014-05). （批准号:HSZD2014-05）
