This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum ind...This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum industry in China. Inspired by earlier western studies on the theme of enforcement style,this article proposes a creative dimension for analyzing enforcement styles. It is suggested that enforcement styles comprise the degree of formalism,the degree of coercion,and the degree of willingness to enforcement. The second contribution is in showing the relationship of different types of enforcement styles to the three dimensions. In addition,we analyze the enforcement styles in the sector of pollution control of petroleum industry based on the refined hypothesize and draw out lessons to be learnt.展开更多
This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five crit...This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five criteria,i.e.effectiveness,efficiency,enforceability,proportionality,and clarity.This article then evaluates Chinese current environmental legislation from the perspective of good quality of legislation.In conclusion,this article puts forward several suggestions in order to improve China' s current environmental law.These approaches include establishing integrated legal principles,introducing the public choice theory into law-making process,and choosing environmental instruments in a appropriate way.展开更多
As the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been ...As the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been a must for ensuring national energy security and developing green and low-carbon economy.There are abundant unconventional gas resources in China,such as shale gas and coalbed methane (CBM), etc., and the mining technology is becoming more and more mature.However, the relevant legislation for the development and utilization of unconventional gas resources is far behind the development demands of this industry, which seriously impedes the rapid development of this industry.This paper analyzes and researches the legal system related to the development and utilization of unconventional gas resources, and proposes individual suggestions for improving the legal system for development and utilization of unconventional gas resources in China through references of successful legislative experience in some countries where unconventional gas industry has developed rapidly,such as the United States and Canada.展开更多
Can the jury system replace the system of people's assessors and find a way out of the jury system dilemma in our country? The author gives an affirmative answer that the jury system should be established as soon ...Can the jury system replace the system of people's assessors and find a way out of the jury system dilemma in our country? The author gives an affirmative answer that the jury system should be established as soon as possible in our country in order to give full play to the efficacy and value of judicial democracy and supervision. This paper tries to analyze from the following three aspects. Firstly, it analyzes the differences and advantages and disadvantages of two jury patterns including the jury system and the mixed court system; then,based on the statement of development and existing problems of the mixed court system in our country,it analyzes the feasibility of application of the jury system in our country combining with national conditions; finally, social effect of the introduction of the jury system is evaluated,which affects the situation as a whole domino.展开更多
Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in C...Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.展开更多
It is concluded that economic drivers have a significant impact on enterprise environmental behavior.These economic drivers include the amount of penalty/economic incentive instruments,reputation,and so on.As a result...It is concluded that economic drivers have a significant impact on enterprise environmental behavior.These economic drivers include the amount of penalty/economic incentive instruments,reputation,and so on.As a result,while environmental protection agencies still must punish wrongdoing and deter others from violating the law,they must also consider,as a strategic matter,how compliance and enforcement resources can have an impact on economic drivers of environmental behavior and how the resources can influence societal values more generally.展开更多
The willingness to comply with the law or rule is a litmus test of the quality of legislation.Without compliance,there is no rule of law,no matter how well the laws or regulations are designed.Regulatory compliance co...The willingness to comply with the law or rule is a litmus test of the quality of legislation.Without compliance,there is no rule of law,no matter how well the laws or regulations are designed.Regulatory compliance continues to be one of the greatest challenges for energy industry due to factors such as central protectionism,inadequate legal system and weak law enforcement.To meet the challenges of achieving environmental compliance,it is proposed that the environmental compliance system should incorporate three subsystems:a primary environmental compliance system,a primary environmental compliance system,and an environmental noncompliance response system.展开更多
One of the major current environmental prevention and control challenges in China is the pollution risks in rural areas. Along with the economic development and urbanization,countryside has become the main battlefield...One of the major current environmental prevention and control challenges in China is the pollution risks in rural areas. Along with the economic development and urbanization,countryside has become the main battlefield of pollution control and prevention in China. In recent years,Public-Private Partnership(PPP) route has become one of the commonly accepted procurement strategies in developed and developing countries in the field of infrastructure projects. Hence,it is suggested that the PPP route could be adopted in rural environmental governance as an innovative governance strategy. The most valuable contribution of the PPP has been filling the gap of lack of implementation by governments. However,due to the peculiarity and complexity of rural environmental governance,it is argued that current approaches to deliberative rural environmental governance concerning public-private partnerships need to acknowledge insights from both the economic theory and open source theory concerning the communication of environmental and political norms so that they can be successfully transferred to rural environmental governance.展开更多
基金This paper is the stage achievement of the National Social Science Project“Public-Private Partnership in Rural Environmental Comprehensive Governance and Legal Protection”(15CFX053)supported by social science cultivation project of SWPU“PPP in Building of Characteristic Villages and Legal Protection”(2017RW010)also funded by the Chinese Scholarship Council
文摘This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum industry in China. Inspired by earlier western studies on the theme of enforcement style,this article proposes a creative dimension for analyzing enforcement styles. It is suggested that enforcement styles comprise the degree of formalism,the degree of coercion,and the degree of willingness to enforcement. The second contribution is in showing the relationship of different types of enforcement styles to the three dimensions. In addition,we analyze the enforcement styles in the sector of pollution control of petroleum industry based on the refined hypothesize and draw out lessons to be learnt.
基金the staged achievement of National Social Science Project(15CFX053)special fund for social sciences of Southwest Petroleum University 92013RW016
文摘This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five criteria,i.e.effectiveness,efficiency,enforceability,proportionality,and clarity.This article then evaluates Chinese current environmental legislation from the perspective of good quality of legislation.In conclusion,this article puts forward several suggestions in order to improve China' s current environmental law.These approaches include establishing integrated legal principles,introducing the public choice theory into law-making process,and choosing environmental instruments in a appropriate way.
基金a phased achievement for a general research project of Development Research Center of Oil and Gas,Sichuan(Sichuan Oil＆G as Division SKB14-11)
文摘As the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been a must for ensuring national energy security and developing green and low-carbon economy.There are abundant unconventional gas resources in China,such as shale gas and coalbed methane (CBM), etc., and the mining technology is becoming more and more mature.However, the relevant legislation for the development and utilization of unconventional gas resources is far behind the development demands of this industry, which seriously impedes the rapid development of this industry.This paper analyzes and researches the legal system related to the development and utilization of unconventional gas resources, and proposes individual suggestions for improving the legal system for development and utilization of unconventional gas resources in China through references of successful legislative experience in some countries where unconventional gas industry has developed rapidly,such as the United States and Canada.
文摘Can the jury system replace the system of people's assessors and find a way out of the jury system dilemma in our country? The author gives an affirmative answer that the jury system should be established as soon as possible in our country in order to give full play to the efficacy and value of judicial democracy and supervision. This paper tries to analyze from the following three aspects. Firstly, it analyzes the differences and advantages and disadvantages of two jury patterns including the jury system and the mixed court system; then,based on the statement of development and existing problems of the mixed court system in our country,it analyzes the feasibility of application of the jury system in our country combining with national conditions; finally, social effect of the introduction of the jury system is evaluated,which affects the situation as a whole domino.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research project of SWPU(2017RW010)funded by the Chinese Scholarship Council and the Energy Law Research Team of SWPU(2018CXTD13)
文摘Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.
基金the staged achievement of N ational Social Science Project(15CFX053)special fund for social sciences of Southwest Petroleum University(2014QHZ004)funded by the Chinese Scholarship Council
文摘It is concluded that economic drivers have a significant impact on enterprise environmental behavior.These economic drivers include the amount of penalty/economic incentive instruments,reputation,and so on.As a result,while environmental protection agencies still must punish wrongdoing and deter others from violating the law,they must also consider,as a strategic matter,how compliance and enforcement resources can have an impact on economic drivers of environmental behavior and how the resources can influence societal values more generally.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research project of SWPU(2017RW010)funded by the Chinese Scholarship Council and the Energy Law Research Team of SWPU(2018CXTD13)。
文摘The willingness to comply with the law or rule is a litmus test of the quality of legislation.Without compliance,there is no rule of law,no matter how well the laws or regulations are designed.Regulatory compliance continues to be one of the greatest challenges for energy industry due to factors such as central protectionism,inadequate legal system and weak law enforcement.To meet the challenges of achieving environmental compliance,it is proposed that the environmental compliance system should incorporate three subsystems:a primary environmental compliance system,a primary environmental compliance system,and an environmental noncompliance response system.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research starting project of SWPU(2014QHZ004)funded by the Chinese Scholarship Council
文摘One of the major current environmental prevention and control challenges in China is the pollution risks in rural areas. Along with the economic development and urbanization,countryside has become the main battlefield of pollution control and prevention in China. In recent years,Public-Private Partnership(PPP) route has become one of the commonly accepted procurement strategies in developed and developing countries in the field of infrastructure projects. Hence,it is suggested that the PPP route could be adopted in rural environmental governance as an innovative governance strategy. The most valuable contribution of the PPP has been filling the gap of lack of implementation by governments. However,due to the peculiarity and complexity of rural environmental governance,it is argued that current approaches to deliberative rural environmental governance concerning public-private partnerships need to acknowledge insights from both the economic theory and open source theory concerning the communication of environmental and political norms so that they can be successfully transferred to rural environmental governance.
