2008年是中国环境法治发展的重要节点,一系列具有重要影响的环境立法相继出台和修订,不仅对所调整的环境要素产生积极的影响,也为未来中国众多环境立法的修订和完善破除了障碍,指明了方向;公众参与理念得到普遍提倡,环境立法活动本身成为公众参与环境保护的重要前线。但中国环境法治依然存在严重问题,不仅体现在立法仍有空白或不完善之处,更体现在环境法律的执行中。法律责任不够清晰和严厉、公众参与的司法途径不完善以及环境行政管理体制不协调成为制约中国环境法治发挥作用的重要因素。
<<2008 is an important milestone of the development of China’s environmental legal system. A series of influential environmental laws have been produced and revised,which has not only had positive effects on the regulated environmental factors but also got rid of the obstacles and indicated a direction for the revision and improvement of many environmental legal systems in China in the future. The concept of public participation has also been advocated generally and environmental activities themselves have been the important front for the public to participate in environmental protection. However,there have been still problems in China’s environmental legal system,which has embodied in not only the blankness or deficiency of legislation but also the execution of environmental laws. Hence,less stricter legal responsibility,immature legal methods of the public participation and uncoordinated management system in environmental administration have become the important elements to limit China’s environmental legal system to work.
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