Law And Economics Research On The Regulation Mechanism Of Resource And Environment

The Regulation is the initiative behavior of the Government to influence in the market, and the behavior is that the Government imposed the private subjectivity with restrictions, constraints and incentives. Social regulation is a part of regulation to regulate of low economic efficiency caused by market failure and the violation of human society from market players, so fundamentally improves social welfare. Resources and environmental problems primarily caused by the negative externality from market players, this article uses marginal analysis in economics to explain the meaning of environmental resources, the need for regulation .We analyses the Regulation of resources and environment with the mechanism in the chapter I. Resources and environment regulation mechanism is divided into two types : the direct supervision and indirect supervision.The direct regulation of the mechanism means that the Government used its executive powers intervene in the market, regulate the market behaviors, it has two kinds of mechanisms: the regulation with taxes the and the qualifications. Indirect regulatory mechanisms is that the Government through the operation of the market mechanism to guide the market toward uniforming enterprise economic efficiency and social benefits. Government's indirect control mechanisms can be divided into two types : mechanisms that define property rights and property rights of trading mechanisms. The advantage of the direct regulatory costs relatively small,The disadvantage is that the process may encounter the problem of information asymmetry, meanwhile the regulation may experience power failures about rent-seeking and other regulatory issues; though indirect regulation making full use of the market in resource allocation function, the advantage is adequate information ,disadvantage is that the operational is poorly, the mechanism designed complex.In the second chapter of this article, the design of mechanism applied to the system and that is how the mechanism of economic efficiency closely integrated with the regulatory system; At the same time as the construction of system of regulating the system, how to form an efficient regulatory regime. Regulatory system is divided into direct regulation of the system, economic system and property rights system, the direct regulation of the system, although the flexibility is poor, it is the world to address the most basic and the most commonly methods to solve resources and environmental problems; economic system posed by the taxes and subsidies, through the levy tax to limit the negative external resources and the environment issues that was first proposed by Pigou. And it widely used by governments to control environmental pollution to protect the exploitation of resources of economic policy measures; The core of the rights system is definiting the property rights, they are Emission rights and Resources property. Defining property is intended to clearly state in its negative external behavior, who should be responsible for, and the size of its responsibilities, so as to compensation for negative externalities to judge. The Resources and Environmental structure of regulation including the central level structure and from the central to local vertical structure. The former has a unified regulatory approach, decentralized control mode and mixed-regulatory approach, the later includes centralized and decentralized control mode of regulating.At the same time, this article attaches great importance to the law's role in building systems, civil right of resources and environmental issues limit to the negative external behavior of the personal and property rights infringement, the focus on the established compensation for the damage and relief. Economic law, administrative law were concerned about the harm caused to society, and the two are the main body of the legal system of resources and the environment. Criminal law produced primarily for use on the major social harm caused by the extreme acts of destruction of resources and environment to impose sanctions in the regulation on environmental issues, Above all three different types of legal resources and environment constitute a legal system together. In Chapter III, The author analyzes the regulating of China's resources and environment status and problems. Resources and environmental regulation in China have gone through four phases: an embryonic era, the initial era, the initial development era, the rapid development era. At present, China's resources and environmental regulation system is a unified combination of hierarchical sub-sector regulatory system, and our resources and environment monitoring system is based on governmental resources and environmental law as the basis for action, formed a system of environmental standards, environmental impact assessment system , three at the same time system, environmental monitoring system, the sewage charging system, subsidy system, the sewage permit and licensing system for the exploitation of resources,The emerging system has environmental tax system, emissions trading system, resources and property rights system and so on. As China's resources and environment regulating in the rapid development, and institutional aspects of the system has much to be desired, need to be filled and improvements.In Chapter IV , We discussed the resources and environmental regulating from an international comparative perspective. In the United States, Germany, Finland and Japan, which are four developed countries, the United States and Japan regulatory regime with centralized management model, while Germany is relatively centralized management model; the U.S. has regulatory system, a sound legal system, focuse on the role of market mechanism; the German Government direct regulation of the policy could be a model for Western European countries, it has a large number of resources and environmental laws covering a wide range; the Japanese government pay more attentions in the planning, and strategic plans , there are a strongly effect and a clear planning laws and regulation in all resources and environmental protection; Finnish Government has advanced experience in the tax system of environmental protection.In Chapter V , the suggestions for improving Regulation of China's resources and the environment. Among them, China's resources and environment Regulation system should be characterized by a bottom-up micro- regulating system, and the centralized regulatory model should be a decentralized mode of monitoring. The works of China's legal system of resources and environmental regulating in the Legislative session is to strengthen the new system of law-making work, to fill the legal gaps; During the law enforcement and the administration of justice, We should be made clear the legal status of regulatory bodies to ensure that the force of law and law enforcement effectiveness, so that impart of the judiciary. On the building specific systems, there are recommendations for improvements, the recommendations are about the emissions trading systems, the tax of resources and environment, , resources and environmental standards, rationalization of the system, etc.