OntheLegalNatureofConsultativeAgreementonEcologicalDamageCompensationandItsDisputeResolutionPath

LIUXuezai,LIUJun

Abstract: The legal attribute of consultation agreement on ecological damage compensation should be administrative contract, instead of being misinterpreted as a civil contract or a "two-stage structural interpretation theory" which separately characterizes the actions of administrative organs by stages. The implementation of the judicial confirmation system of consultation agreement on ecological damage compensation will cause inconsistency in judicial confirmation system and administrative relief theory, and complicate relief procedure for breach of consultation agreement. The system of civil judicial confirmation of consultation agreement on ecological damage compensation should be abolished. IntheAdministrativeCompulsoryLawofthePeopleRepublicofChinaand relevant judicial interpretations, it is stipulated that the obligor of ecological damage compensation should sign the terms of consultation agreement automatically and accept the terms of compulsory execution by administrative organization.

PredicamentandAdjustmentofEcologicalRestorationSentencingPlot:CenterontheConnectionbetweenAdministrationandJusticeintheMeasurementofPunishmentforEnvironmentalPollution

JINKuangyu

Abstract: As the main carrier of restorative justice concept, ecological restoration mainly exists in the form of sentencing in criminal cases. It not only plays a role in the form of active implementation by the parties, criminal reconciliation, and consultation on compensation for damage to the ecological environment, etc., but also may be in the process of collateral civil legal liability determination and execution of criminal punishment, showing a relatively comprehensive spatial distribution. Various types have different actual impacts on penal considerations, but there is a phenomenon of confusion in practice. In order to properly handle restorative justice, it is advisable to make a type distinction between plots of ecological restoration and to evaluate the impact of sentencing in stages. The particularity of ecological restoration behaviors relative to the general sentencing circumstances and the need for uniformity of penal sanctions require that administrative roles be included in all areas of ecological restoration involving penalties, and that the agreements they participate in serve as the basis for determining the facts of ecological restoration scenarios, supplemented by judicial review And other methods to achieve a reasonable layering of the ecological restoration plot itself, and on this basis establish the superior value of the direct restoration plot and the alternative restoration plot, which are different from general sentencing factors, and independent functions in sentencing.

OnPublicLegalAttributeandImplementationoftheAcquisitionObligationofRenewableEnergy

FENGYue

Abstract: The acquisition obligation of renewable energy is a kind of compulsory contracting with seemingly contractual orientation butties essence being public legal obligation. The obligation in private law is derived from administrative law, in which a strong public law runs through the fulfillment of obligations. Under the public law attribute of the renewable energy acquisition system arrangement, the government acts not only as macro-regulator but also as the subject of substantive legal relationship. The government, instead of energy sellers,should be the center of legal relations. Renewable energy producers enjoy the right of contracting claim under both private law and administrative law. In the case that energy sellers refuse to acquire, the sellers shall bear the legal responsibility in the first order, and the government shall bear the second-order legal liability for not performing the correction and administrative punishment; when the government violates the law during the planning and licensing phase, both must bear the legal responsibility corresponding to their faults; in the case of force majeure, the government bears the responsibility for compensation for losses.

RuralPracticeof"Internet+"GarbageClassification:ACaseStudyofXtowninZhejiangProvince

SUNXuyou

Abstract: The"Internet +" garbage classification is an innovative way to control garbage pollution in rural areas and an inevitable requirement to improve the rural living environment. The "Internet +" waste sorting governance in X Town of Zhejiang Province effectively improved the living environment of the village and formed practical experience for reference. In order to solve the problems of blocked connection between different links of garbage classification and unclear classification processing within the link, the Internet supervision system is used to intervene in the "Four-step process" of waste classification and release, classified collection and transportation, classified utilization, and classified disposal to achieve accurate supervision of the entire process of garbage classification. In order to improve the efficiency of garbage classification and treatment, "Three mechanisms" of Effective monitoring, Accurate assessment and Decision-making basis are formed by using the Internet data analysis function，promoting the effective integration of waste classification system. Rural "Internet +" garbage classification and its continuous effectiveness, requiring the integration support of basic settings such as technology, system and facilities. It also needs to be alert to the modern consumerism, the "power penetration" of Internet technology monitoring and the modernization of rural hollowing.

TheKeyActorinaWasteClassificationProgram:AnEthnographyonSanitationWorkers

ZHANGJieying,JIANGPei

Abstract: From the perspective of Actor-Network Theory, it could be understood thata series of key actors play the crucial role in the actor-network of environmental governance. In the waste classification campaign, sanitary workers, as a medium between people and waste, are such key actors. They also work as a mediator between waste and its transportation system, and link local residents with the municipal administration system. Therefore, to analyze sanitation workers helps to understand the implementation mechanism of waste classification campaign, and to explore how waste classification can work effectively. Drawing on an ethnography of a waste classification program, this study shows: the relationship between sanitation workers and the residents is an important context of the program; the replacement of the infrastructures itself together with simple instructions can hardly change the sanitation workers′ behaviors of waste collection; face-to-face communications and trainings to a certain extent can arise the workers′ environmental awareness. Ignoring the fact that sanitation workers are migrants and are mainly made of females partly leads to the ineffectiveness of the program. Moreover, the knowledge and discourses employed by the program are incompatible with the workers′ own knowledge and this resulted in the workers′ lack of motivation to do waste classification. Sanitation workers′ local knowledge and practice should be considered and integrated into the waste classification program.

TheLivelihoodAttributeofScatteredPollutionEnterprises:BasingonACaseStudyofRuralAreasinNorthChina

LIYang,XIAOChenyang

Abstract: Research on "scattered pollution enterprises" belongs to the field of enterprise environmental behavior. It is a crucial part of the current air pollution prevention practice. However, the current research has not paid adequate attention to this phenomenon and there has not yet been much effort to formally conceptualize it. Borrowing insights from the Life Environmentalism, we conducted a case study of rural areas in north China and propose to rename "scattered pollution enterprises" as "livelihood semi-enterprises (LSE)". Macroscopically, LSE is a major source of air pollution. Microscopically，pollutions from LSE cause serious harm to local ecological environment and residents′ health. As a primary way to make a living，LSE has profound effects on local residents′ income, social interaction, marriage, education and so on; local communities developed a LSE-dominated lifestyle, which is both environmentally friendly (resource recycling and conservation) and damaging (heavy local pollutions). Moreover, LSE gains legitimacy and help form a local culture through power structure and relationship network that in turn sustains LSE, which is the root cause of the governance dilemma we are facing.

EnvironmentalKuznetsCurveTestofRelationshipbetweenEconomicGrowthandIndustrialEnvironmentalPollution:BasedontheYangtzeRiverEconomicBeltProvincialPanelMeasurementModel

ZHOUZhengzhu,LIUQingbo,WANGYunyun

Abstract: The paper uses data from the provinces of the Yangtze River Economic Belt from 2004 to 2017, and uses panel metering models to examine the environmental Kuznets curves of per capita industrial "three wastes" and per capita GDP, while taking into account control variables such as urbanization and industrial structure. The results of the study show that: first, There is an inverted "U" curve relationship between per capita industrial waste gas emissions in the Yangtze River Economic Belt and per capita GDP. Among them, the per capita GDP of Shanghai, Jiangsu and Zhejiang has exceeded the turning point. Second, Per capita industrial solid waste production, per capita industrial wastewater discharge, and per capita GDP are in an "N" curve relationship. Among them, the per capita GDP of Shanghai, Jiangsu, and Zhejiang has exceeded or approached the second turning point. Last, Increasing the control variable does not affect the shape of the curve, but only increases or decreases the turning point of per capita GDP; the relationship between economic growth and industrial environmental pollution varies significantly among cities in different regions of the Yangtze River Economic Belt. The research in this paper not only expands the test objects of environmental Kuznets curve, but also enriches the theoretical explanation of the formation of environmental Kuznets curve. The main conclusions provide certain practical and theoretical guidance for the provincial governments of the Yangtze River Economic Belt when they coordinate the relationship between economic growth and environmental governance.

HowdoesIndustrialStructureUpgradingImproveEco-efficiencyinYangtzeRiverEconomicZone？

MAJun,ZHOUPanchao

Abstract: Industrial structure upgrading has double effect on urban ecological efficiency in space. Taking 107 cities in the Yangtze River Economic Zone as study subject, in this paper, super-SBMeco-efficiency index and industrial upgrading indexes are measured and then, generalized dynamic spatial panel econometric model is established to analyze driving mechanism of the industrial structure optimization and rationalization on urban eco-efficiency. The results show that urban eco-efficiency has positive spillover effect and negative hysteresis effect, and there exists a ladder difference among the river basins. The ecological efficiency of cities in the lower reaches is generally higher, while that in the middle and upper reaches is obviously improved. Industrial structure rationalization accelerates eco-efficiency improvement from aspects of positive spillover effect and negative hysteresis effect, however, industrial structure optimization reflects positive spillover effect, and exerts heterogeneity effect to eco-efficiency in different basins. Simultaneously, with the improvement of economic level, the acceleration of industrial structure upgrading to eco-efficiencies′ increasingly significant.

ResearchonMultilateralGovernanceMechanismofIndustry-university-researchCooperationfromthePerspectiveofCredibility

LIUHedong,LIUQuan

Abstract: By constructing the multilateral governance mechanism of credit governance, contract governance and government governance of industry-university-research cooperation, using evolutionary game model and simulation to analyze and verify the effects of key factors in industry-university-research cooperation, we find that the credit of the cooperative parties in the credit governance, the income distribution coefficient in the contract governance, the compensation coefficient for breach of contract, the cooperation bonus in the government governance, and the degree of punishment for breach of contract are positively correlated with the cooperation behavior of industry-university-research institutes. The cooperative investment cost in contract governance is negatively correlated with the cooperative behavior of industry-university-research. Based on this, the paper puts forward some policy suggestions to effectively enhance the cooperative behavior of industry, science and research.

ResearchontheRelationshipbetweenMarketOrientationandInnovationPerformance:BasedonMetaAnalysis

YAOShanji,FUCai

Abstract: Based on a reference to thirty-seven papers from major databases at home and abroad, such as Zhiwang.com, EBSCO and so on, with a focus on the relationship between market orientation and innovation performance, this paper makes a quantitative analysis on the relationship between market orientation and innovation performance by the method of meta-analysis, and explores the market-oriented dimension division and industry factors, as well as the regulation effect of economic development level to the relationship between the two. The results are as follows: there is a moderate positive correlation between market orientation and innovation performance; the correlation between proactive market-oriented and innovation performance is higher than that of responsive; the market-oriented dimension division and industry factors have a significant role in regulating the relationship between the two; the level of economic development has no significant effect on the relationship between the two. This shows that the relationship between market orientation and innovation performance is influenced by the market-oriented dimension and industry factors.