Research On Environmental Protection Agreement System In China

Compared with the traditional means of administrative control,the "Environmental Protection Agreement" system has shown greater flexibility and efficiency in environmental control and pollution control.It has played a positive and considerable role in energy saving and emission reduction,pollution prevention,accountability and recovery,and has been widely used and recognized by Japan,Europe and the United States and other countries.It has proved that the system is indeed effective in environmental management.It is unique,superior and irreplaceable.It is worth learning and learning from and establishing similar systems in order to promote the progress of environmental governance in China.At the end of last century,China tried out the system in Shandong Province in energy saving and emission reduction work.Voluntary agreement on energy saving was the product of this period.Enterprises were invited by the government to participate in energy saving plans and sign voluntary agreements on energy saving and emission reduction.Enterprises achieved the energy saving and emission reduction goals stipulated in the agreement by reducing production or introducing advanced technology and equipment,and were encouraged and supported by project funds.? At that time,enterprises signed such agreements,on the one hand,because of the policy appeal of the government,on the other hand,the incentive of project funds,rather than the spontaneous behavior of enterprises,and the content of the agreement was not negotiated by both sides.The formulation of the terms was not based on the actual needs and the characteristics of enterprises themselves,and there was no public participation or supervision,which made the implementation of the terms more difficult.Consequently,voluntary agreements on energy conservation are not really environmental protection agreements.However,due to a series of pilot work on environmental protection agreements,the environmental protection awareness of industrial enterprises and the public has been greatly enhanced,the progress of relevant environmental legislation has been promoted,and scholars have been urged to study and discuss the nature of the environmental protection agreement system and related theories.The public's environmental protection awareness has also become stronger and stronger,which is a series of systems for environmental protection agreements.The construction of environmental protection agreement system in China has created an atmosphere of consciousness,laid the foundation of the institutional framework,and accumulated experience for the localization of environmental protection agreement system in China..After the development in recent years,China has entered a new stage,whether it is the market economy,the government's ruling concept,environmental legislation or environmental protection awareness has been greatly improved,which provides suitable conditions for the establishment of environmental protection agreement system in China;meanwhile,environmental problems are becoming more and more acute,the consequences of industrial pollution are gradually emerging,and large-scale environmental infringement is happening.With the frequent occurrence of environmental tort litigation and administrative punishment,the lag and passivity of the post-remedy system in the prevention and control of environmental pollution have gradually emerged.China urgently needs the environmental protection agreement system,which has the functions of risk pre-treatment,pollution source prevention and control,and high public participation.In order to ensure that the environmental protection agreement system can be better applied in China,we should not only learn from the experience of other countries where the relevant systems have been developed,but also redesign the system according to the current legislative situation of our country and the actual needs of environmental pollution control.At the macro level,we should further improve the relevant legislation and establish the legal nature and status of the environmental protection agreement.Secondly,we should establish a supporting mechanism to promote the operation of environmental protection agreement system;at the micro level,we should follow the principle of "prevention first" in solving environmental pollution problems and stick to the principle of "polluter's burden" in investigating environmental pollution liability.Because industrial pollution is the main cause of environmental pollution,the environmental protection agreement system is mainly aimed at industrial enterprises to prevent pollution.Means of occurrence include raising environmental protection awareness of industrial enterprises,enhancing scientific and technological level of energy saving and emission reduction and pollutant treatment and recycling,formulating reasonable safety production norms and emergency measures to deal with the leakage of toxic and harmful substances,setting energy saving and emission reduction schemes according to the actual situation of industrial enterprises,etc.The polluter burden has two meanings.One is that it can be quickly established.The causality between the polluter and the result of pollution damage requires the polluter to take corresponding responsibility for the result of pollution according to law.The second is to ensure that the polluter has the ability to pay compensation for environmental pollution as far as possible.Therefore,in the construction of environmental protection agreement system,we should start with the prevention and control of environmental pollution and increasing the burden of polluters,improve the construction of relevant legislation,taxation,environmental protection trademark and other supporting systems,increase the application of environmental risk deposit,environmental protection liability insurance and other related systems,so as to make the environmental protection agreement system complete localization and more in line with our environment.In order to solve the problem of environmental pollution,we need to increase effective ways.