中国人口·资源与环境2017，Vol.27Issue(12)：79-87,9.DOI:10.12062/cpre.20170621
比例原则视角下地方环境行政规制合理化研究——以农作物秸秆禁烧为切入点
The rationalization analysis for regional environmental administration regulation under perspective of proportion principle: taking examples of prohibiton of burning crop straw
摘要
Abstract
As the legal liability subject of regional environmental quality,local government is the legislative institution of environmental regulations which has a close link with improvement of environmental quality.However,local environmental regulations,represented by The Ban of Incineration Outdoors and Integrated Utilization to Straws of Crops,regularly have rationalization problems,including objective malposition,unitary regulation measures,and unilateral interest measurement.All these problems bring difficulties in improving environment public interest,imbalance of high governing cost and people's eagerly anticipation,and low efficiency,effectiveness and fairness in environmental regulation.It is significant to explore the reasons of lacking rationalization in local environmental regulation through the perspective of malposition of regulation goals and means.As one of the most important principle,proportionality principle has been applied generally in public law that emphasizes the balance between goals and means of regulation,in which the content of appropriateness,necessity and balance regulates the implementation of regulation power from the perspective of goal orientation,effectiveness orientation and value orientation.Therefore,it is obligatory to adhere to proportionality principle when doing local environmental regulation,which should be the idea of local environmental administrative regulation and the initiative of legislation.Exactly speaking,three steps can be followed.Firstly,local environmental regulation should only regard maintaining the environmental public interest as a legitimate aim via clarifying the environmental supervision responsibility for examining environmental quality dynamically;then,‘ pluralistic adaptively’ regulation measures should be applied with the starting point of enhancing environmental public interest.Besides,minimum damage measures should be adopted by means of consensus with information of administrative counterparts;lastly,interest balance of local environmental regulation can be achieved with ‘ two-level’,which highlights the balance of the whole social interest and environmental public interest and allocating the environmental responsibility equally by guaranteeing due process of public participation.关键词
比例原则/地方环境行政规制/合理化Key words
proportionality principle/local environmental administrative regulation/rationalization分类
社会科学引用本文复制引用
高利红,李胤..比例原则视角下地方环境行政规制合理化研究——以农作物秸秆禁烧为切入点[J].中国人口·资源与环境,2017,27(12):79-87,9.基金项目
教育部人文社会科学重点研究基地重大项目“环境法律主体研究”(批准号:10JJD820006). （批准号:10JJD820006）
