我国生态环境法制建设分析

由自然地理特点引起的原生环境问题以及自然环境的破坏与原生环境问题相结合所造成的生态环境恶化问题是我国环境问题的特殊性。我国生态环境问题的解决不仅要抓生态环境保护，而且要抓生态环境建设，要培育脆弱的原生环境并使历史遗留的遭破坏的生态环境平衡恢复过来，我国西部大开发是生态环境建设的系统工程。我国生态环境法制建设面临的主要问题是立法转型滞后、执法行政主导局限性、司法功能偏差、守法观念淡漠、法律监督力度不够。加强我国环境法制建设应着力于立法实现跨越式转型、执法与司法逐步重整、建立环境区分所有权、发挥党领导下的公众参与。

Analyzing Construction of Legal System on Ecology in China

The environmental issues caused by geographic features and destruction of the original natural environment is a special problem in China. To solve this problem we should not only take measures to pro- tect the ecological environment but also make efforts to construct it. In this sense, improvement and recov- ery of the environment in the west regions should be viewed as a systemic project. In the areas of construc- tion of the legal system, the issue of ecology is also faced with serious problems. Lag in the transition of legislation, limitations in administrative authorities. defects in judicature, indifferent attitudes toward the law, insufficiency of legal supervision, to name only a few. The author suggests that things can be done in the following areas to improve this situation: transition of cross-section legislation, gradual reconstruction of administration and judicature, establishment of proprietorship over environmental areas, involvement of the public under the leadership of the Party.