AdministrativeSubordinationofEnvironmentCrimebasedontheIdeaofEcologicalCivilization
YUWenxuan,FENGHanyuan
Abstract:The understanding of administrative subordination of environment crime should be based on the idea of ecological civilization,including human-nature isomorphism of ecological ethics,methodologic holism and well-sustainable idea under historical practice.Purpose consistency,relative standardization and administrative relevance are characteristics of administrative subordination of environment crime.In dogmatics,administrative subordination of environment crime can be understood at two interrelated levels:conformity of constitutive elements and illegality.Within conformity of constitutive elements,administrative subordination of environment crime should be understood through teleogical interpretation,and sustainable development should be regarded as the purpose of legal norm of environment crime.Within illegality,based on the principle of unity of law and order,the judgment of environment crime illegality should be systematically considered from unity of norm and unity of purpose,and take the relativistic illegality theory as its theoretical basis,so as to construct a binary structure of judgment with “general illegality”and “criminal illegality”.
OnConstructionofGreenProductIdentificationInstitutionfromPerspectiveofPolicyTools
QINPeng,YANGJinghui
Abstract:The goal of green product identification system is to effectively guide green consumption and green production on the basis of responding to the disadvantages of environmental label system under the mode of functional segmentation.From the perspective of policy tools,the mechanism of green product identification system can be divided into two dimensions:the information tools which convey product environmental conditions to consumers,and the reinforcement tools which strengthen market incentives and correct deviant behaviors.In terms of the constructing information tools,public participation should be invited into the setting of green product evaluation standards;the reputation constraints of certification bodies and the connection mechanism of different levels of identification should be improved;and effective publicity measures should be taken to change consumer behaviors.As to the choice of reinforcement tools,government procurement and government subsidies can strengthen the economic incentives of green product system,while external regulation and meta regulation can correct the deviant behavior of market participants.
OnImprovementofGreenInnovationIncentiveRulesofEnvironmentalProtectionTax:FromPerspectiveofProductGreenInnovation
LENGChuanli,QUANGengyu
Abstract:China′s current environmental protection tax law has an incentive effect on the green innovation of producers and operators.The analysis to the type of current green innovation,however,reveals a constrained effect only in the process of production and operation,but not in production and operation results.The green innovation of product,as a result of production and operation,consists five links:avoidance,reuse,material recycling,energy recovery and treatment.Among them,the incentives to "avoidance" and "reuse" are in absence of legal rules.In this regard,it is justified and operable to regulate incentives with environmental protection tax law.In terms of specific system design,we should involve more incentives rather than increasing tax collection links;adopt a tax refund path combining declaration and verification to construct the statistical and evaluation mechanism of pollution equivalent in product life cycle;explore and design more detailed tax reduction rules for incentive cascade;and steadily adjust the tax incentive rules to adapt to the gradual development of green innovation.Therefore,the legal function of environmental protection tax rules can be further explored.
OnWiderApplicationofMRVMechanisminGreenProductionandConsumptionLaw
ZHURui
Abstract:In the process of perfecting the legal system of green production and consumption,many are faced with the problem of generality,that is,legal adjustment on how to identify the facts of green production and consumption.In this regard,the "measurable,reportable,verifiable" (MRV)mechanism originated from the legal system of carbon emission control is a structured and mature response.Based on the functional attributes of MRV mechanism to monitor environmental material flow,the MRV framework of carbon emission control has the ability of reference and promotion in the field of green production and consumption legal system.In terms of nature,the framework of MRV mechanism is a social relationship structure formed by the cooperation of administrative authorities,technical certification parties,measurement parties,reporting parties and verification parties under the regulation,with the goal of fact identification.In terms of subject and inter subject relationship,each subject is defined by the five functional elements of administrative authorities,technical certification,measurement,reporting and verification according to the topic area.In terms of normative means,the framework of MRV mechanism includes integrated basic laws and regulations,differentiated co-governance of technical standards in various fields,and contractual constraints based on both parties′ will.It is suggested to strengthen the legal construction,standard construction and scale construction of MRV mechanism.
OnMarx′sThoughtofRelationshipbetweenManandNatureanditsContemporaryValue:FromPerspectiveofLifeCommunity
ZHENGHaiyou
Abstract:Marxsees man and nature as a community of life that shares weal and woe.From the philosophical and ethical perspective,they inter-influence each other which promote their mutual development and prosperity;while from the practical perspective,they enjoy two-way construction and mutual confirmation.Marx examined the fission of the relationship between man and nature caused by the disorderly expansion of capital and the control of time and space under the capitalist system,and expounded the decline of the community of human and natural life under the capitalist system.Based on this,he established the principle and direction for the reconstruction of life community with the sublation of the capitalist system and the establishment of the communist system.Marx′s thought of life community requires us to regard man and nature as a living organism in epistemology,to clarify the premise and delimit the boundary for the interaction between man and nature in axiology,and to establish the consciousness of the unity of power and responsibility in practice.Marx′s analysis of historical materialism on the relationship between man and nature provides theoretical basis,reflective mirror and practical guidance for Xi Jinping′s thought of ecological civilization.
UnderstandingEndogeneity:AStudyonPracticeTheoryandRuralEnvironmentalChange
FANYechao
Abstract:Nowadays,the endogenous dimension of China′s rural environmental problems has become increasingly prominent.The mainstream modern interpretation framework has exposed obvious limitation in its insufficient study in this regard.The shift of attention to daily life in contemporary sociology has significant reference for environmental sociology,and reminds us to pay attention to the environmental problems rooted in daily life and the sustainable transformation of daily life.As a theory of daily life,theory of practice emerging in the western social theoretical field advocates interpreting social life and social phenomena based on daily practice,which not only provides a new idea of exploration value for understanding the interaction between rural daily life and ecological environment in China,but also casts light on the current rural environmental governance.On the premise of recognizing the effective explanation of modern interpretation framework,the introduction of practice theory can make up for its theoretical insufficiency and promote the research on rural environmental change.
PracticeTheoriesinSocialSciences
WANGXiaoyi
Abstract:Practice theories advocate understanding and transforming the world in the continuous process of practice,but this excellent tradition has gradually been discarded in the pursuit of normativity in Chinese social sciences,resulting in the prevalence of dogmatic and "fast-food" social science research.Practice theories have important implications for the development of environmental sociology,that the construction of environmental sociology in China should have a better understanding of the people-environment relationship through in-depth and extensive empirical studies,and focusing more on environmental issues rooted in people′s everyday life,while avoiding "fast-food" studies in particular.
ThePerceptualDimensionofSocialPracticeTheories
LUChuntian
Abstract:Practice theories,emerging in Western environmental sociology,advocates to explain the society-environment interaction through the materiality of practices,and to explore the causes and solutions of environmental problems in everyday practice.However,there is a clear explanatory shortcoming in practice theories in terms of the long-standing disparity between everyday practices and perceptions within environmental sociology.In order to bring back the role of perceptions in triggering changes in everyday practices,researchers should choose a considerate length of time as the unit of observation for the evolution of everyday practices,and include regional specificities while analyzing changes.
ImpactofEnterprises′EnvironmentalInformationDisclosureonMarketResponse:AnEmpiricalStudybasedonChina′sNationalEnvironmentalProtectionInspection
LIYan,YUYang,GONGDawei,WANGXintian
Abstract:With the continuous deepening of China′s environmental protection inspection,enterprises,especially those in heavy pollution industries,bear greater pressure on environmental compliance.Previous studies have focused on the government regulatory role of environmental inspection,but there are few studies on the market response caused by environmental inspectors transmitting the information of increasing environmental costs to the market.This study takes enterprises in heavy pollution industries as samples to quantitatively analyze the relationship between voluntary environmental information disclosure and Cumulative Abnormal Return (CAR).The results show that after environmental protection supervision,the investment market began to pay attention to the continuous improvement of environmental information of enterprises.There is an obvious positive correlation between CAR and the improvement of environmental behavior of enterprises.The environmental risk of enterprises has gradually become an important consideration for investors,and the corrective effect of environmental information disclosure countervailing the market distortion is germinating.The investment market has different responses to different types of continuous improvement environmental information.The CAR rate is positively correlated with emission reduction and consumption reduction information,and has no significant relationship with the level of environmental management information disclosure.Therefore,in order to further unleash the moderating role of market mechanism,we must standardize and improve the quality of information disclosure of enterprise environmental behavior.
ResearchontheIndustrialStructureEffectofEnvironmentalRegulationintheYangtzeRiverEconomicBelt
ZHANGJiafeng,BIMiao
Abstract:This paper tests the impact of environmental regulations on the industrial structure effect of 11 provinces and 11 municipalities in the Yangtze River Economic Zone from 2010 to 2017with the random-effects model,considering the economic development level,R&D investment,opening-up level and other control variables.The results show that environmental regulations,economic development level,and R&D investment have a significant positive impact on the industrial structure effect,while the level of openness and patent acceptance has no significant impact on it.Therefore,the Yangtze River Economic Belt must strengthen corporate social responsibility,encourage enterprises to carry out technological innovation,and increase pollution control investment;must strengthen the overall coordination of the entire river basin,promote the upgrading of the industrial structure of the entire river basin,so as to achieve the coordinated development of economy and environment in the area.
ResearchonDrivingFactorsofChineseEnterprises′GreenTransformationbasedonRootCauseAnalysis:TheEffectiveIdentificationandArrangementofPrimaryandSecondaryFactors
RENXiangwei,SUNLiwen,XINGLiyun
Abstract:In view of the current researches on green transformation of enterprises in China,most scholars attach importance to the mining of various driving factors and the discussion of the mechanism,but ignore the permutation and combination of their importance,which leads to limited reference and guidance to the practice of green transformation of the enterprises.This study adopts root cause analysis,collects data from typical cases and some documents,mines 80% of the main driving factors with affinity diagrams,fish bone diagrams and Pareto analysis,and combines and sequences primary and secondary orders according to the proportion of factors.The results show that:resource elements,environmental elements,transformation measures,ideological change,expected income are the major factors that drive the green transformation of enterprises,which can be further summarized into factor-driven category,behavior-driven category and goal-oriented category.Based on the research results,this study puts forward scientific management enlightenment and advice from the perspectives of enterprise and government.In general,the study enriches the theoretical research perspectives for enterprise green transformation,and provides practical reference swell.