中国人口·资源与环境2024，Vol.34Issue(12)：36-45,10.DOI:10.12062/cpre.20241104
第三方环境服务法律规制的法典化
Codification of legal regulation of third-party environmental services
摘要
Abstract
The market for third-party environmental services in China is developing rapidly,and these services have become a conven-tional mode in the fulfillment of environmental obligations.The profit-seeking nature of third-party organizations positions these servic-es as both means of environmental governance and objects of environmental governance.Effective governance of third-party environ-mental services necessitates the introduction of legal regulation and the response to it in the codification of the Ecological and Environ-mental Code.In recent years,the prevalence of fraud in China's third-party environmental service market has revealed systematic defi-ciencies in the existing legal framework,including concepts,scope,modes,and applicable rules.Therefore,it is essential to utilize the codification of the Ecological and Environmental Code to achieve systematic construction and integrated innovation in third-party envi-ronmental service regulation.The composite structure of legal relations in third-party environmental services determines the public-pri-vate synergistic attributes of their regulatory framework.The contract-based regulation within private law forms the foundation of this regulatory system,while regulation based on public authority serves as its guiding principle.Given the demands for administrative effi-ciency and the prioritization of environmental public interest protection,it is imperative that administrative regulation be established as the primary focus of public law governing third-party environmental services,with a corresponding liability system to support this.It is recommended that the normative system within the Ecological and Environmental Code that pertains to the regulation of third-party en-vironmental services adopt a general-specical structure.'General Provisions'should be included within the chapter addressing the na-tional ecological environment governance system,with specialized clauses for third-party services to comprehensively present the legal relationships that enable public-private synergy.Specific sections on pollution control,ecological protection,and green low-carbon de-velopment should provide detailed regulations for existing types of third-party environmental services within their respective domains.Additionally,the liability section must clarify the rules governing tort and criminal liability for third-party environmental service organi-zations,establishing a sanction system that prioritizes administrative liability while utilizing criminal liability as a deterrent.关键词
第三方环境服务/法律规制/生态环境法典Key words
third-party environmental service/legal regulation/Ecological and Environmental Code分类
社会科学引用本文复制引用
焦琰,张伟斌,王社坤..第三方环境服务法律规制的法典化[J].中国人口·资源与环境,2024,34(12):36-45,10.基金项目
国家社会科学基金一般项目"第三方环境服务法律规制研究"(批准号:2022BFX204). （批准号:2022BFX204）
