河北法学2024，Vol.42Issue(10)：37-56,20.DOI:10.16494/j.cnki.1002-3933.2024.10.003
对抗"碎片化":生态环境法律责任"抵扣型"执行的体系化思考
Combating"Fragmentation":Systematic Thinking on the"Deduction"Enforcement of Ecological and Environmental Legal Responsibilities
摘要
Abstract
In recent years,some judicial organs and administrative organs have carried out a series of innovative attempts in the execution of ecological and environmental legal responsibilities,such as"replanting and afforestation""labor compensation""technical transformation deduction"and"study compensation"The research conducted by the academic community on these innovative attempts is still in a fragmented state,and it is necessary to identify the commonality of these innovative attempts and distill the legal concept of"deduction-type"execution of ecological and environmental legal responsibilities,which refers to a class of innovative execution methods that complete ecological and environmental legal responsibility execution through deduction behavior.The"deduction-type"execution of ecological and environmental legal responsibilities as an exceptional legal policy in the field of ecological and environmental legal responsibility execution has not violated the requirements of"strict law enforcement"and"just justice"and the theory of law and economics can provide solid legal justification for it.The current task of regulating the"deduction-type"execution of ecological and environmental legal responsibilities is to clarify its basic principles and conditions of application,and the future task is to formulate a unified guidance document and compile and promote typical cases.关键词
生态环境法律责任/"抵扣型"执行/概念构造/法理剖析/规范适用Key words
ecological and environmental legal liability/"deductible"enforcement/concept refinement/jurisprudential analysis/normative requirements分类
社会科学引用本文复制引用
方印,付秋池..对抗"碎片化":生态环境法律责任"抵扣型"执行的体系化思考[J].河北法学,2024,42(10):37-56,20.基金项目
本文系贵州省高校人文社会科学研究项目"习近平生态文明思想的环境法学诠释研究"(2023GZGXRW157)阶段性研究成果. （2023GZGXRW157）
