MultidimensionalObservationofJudicialReviewonEnvironmentalAdministrativeCases:BasedonTypicalCases

LIUChangxing

Abstract: Since administrative litigation is the final legal way to resolve environmental administrative disputes, we can get a glimpse of the legal application of environmental administration and the nature of administrative disputes by observing the judicial review process of environmental administrative cases. The typical cases issued by Chinese courts are representative. By analyzing the judicial review process, review content, and review basis of typical cases, we can discover various aspects of environmental administrative cases and consider the basis for the standardization of environmental administrative behavior. It can be found that the types of environmental administrative litigation cases are mainly administrative punishment cases and pollution management dispute cases, and the characteristics in terms of trial level, subject characteristics and winning rate are obvious. In environmental administrative litigation, the court mainly conducts legality review, and mainly focuses on entity legality review. There are few cases where the legality of the procedure is reviewed but it may decide the result of the case. The rationality review focuses on the determination of the amount of fines and the determination of specific matters. In addition, administrative compensation and information disclosure are also included in the scope of judicial review. In terms of review basis, the law is still the most important basis for judicial review of environmental administrative cases. At the same time, local laws, regulations, general normative documents and standards may also be important leagal basis of examinations to decide the outcome.

AnalysisonZoningControlinNationalPark

LIUChao

Abstract: Reasonable zoning and differentiated control are the objectives and requirements of China′s institutional reform of national park. Zoning control implemented by many pilot national parks in China shows the status quo and disadvantages of lack of functional zoning basis, multiple types of functional zoning, and different standards of functional zoning. There are various standpoints and standards of national park zoning control. From the perspective of rule of law, to construct national park zoning control system, we need to comprehensively consider the legislative model and value of national parks. The top-down management system determines that a unified legislative model should be adoped in the national park legislation of China. Therefore, the proposedNationalParkLawshould systematically stipulate the national park zoning control system, and the zoning control measures stipulated by specific national parks should be positioned as the enforcement rules of theNationalParkLaw. TheNationalParkLawshould stipulate advisor control system of second-order structure with human behavior control as the starting point and the main line: the control zoning should be based on the degree of human behavior control, then, the core protected area, the general control area and corresponding behavior control systems should be specified; on this basis, the functional zoning should be based on human behavior, which is divided into strictly protected area, ecological conservation area, science and education recreation area and traditional use area, and formulate a targeted zoning control system.

LegalIdeaandLegislativeApproachof"NationalParkastheMainBody"intheProtectedAreaSystem:OntheStructureofProtectedAreas

DONGZhengai，HUZehong

Abstract: The establishment of the protected area which takes the national park as its main body is a major strategic deployment of the ecological civilization construction in China. The report of the 19th Committee of the Communist Party of China pointed out that the establishment of the protected area with Chinese characteristics should take the national park as its main body, but the substantive reasons and normative connotations of it are unknown. By rethinking the structure of the main body type in the development of the protected area, the original protected area which takes the nature reserve as the main body has problems such as inefficient management and complicated legal system. So it is important to clarify the legal idea of "nation park as the main body" on the basis of reforming the taxonomy of protected area. The main position of the national park in the protected area is reflected in its primacy of ecological value and protection objectives, and it also means the transformation of the subjective view and classification of protected area. By taking the national park as the main body, the legal system of protected area should manage the relations between strict protection and differential exploitation, the fundamental law and special law, the static guidance and dynamic adjustment.

TheProcuratorialSuggestionbeforetheEnvironmentalAdministrativePublicInterestLitigation:FunctionReflectionandSystemExpansion-BasedontheAnalysisofTypicalCasesofEcologicalEnvironmentRestorationinNatureReserves

WANGGuofei

Abstract: The work of procuratorial public interest litigation in China has developed from the stage of "pilot trial" to the stage of "comprehensive development". The procuratorial suggestion before the administrative public interest litigation has a practical paradox in the cases of ecological environment restoration in nature reserves. The supervision function of the traditional pre-litigation procuratorial suggestion can′t meet the particularity of nature reserves and the complexity of ecological environment restoration cases in nature reserves, which presents the problems of formal supervision, delayed relief and blurred boundaries of procuratorial power. Expanding the function of pre-litigation procuratorial suggestion can help to remedy the ecological environment of the nature reserve in the state of infringement in time and avoid the improper intervention of the procuratorial power to the administrative power before the prosecution. The traditional mode of "flexible supervision before litigation + compulsory protection of litigation" has problems such as wrong placement of supervision objects and difficulty in grasping the applicable scope of supervision types, while the mode of "flexible inquiry + rigid supervision + prosecution" has the functions of mobilization promotion and environmental protection pressure. To realize the extension functions the pre-litigation procuratorial suggestion in the ecological environment restoration cases of nature reserves, it is necessary to attach importance to the mobilization education before litigation, and the inquiry letter system can be introduced. It is necessary to strengthen the supervision function of pre-litigation procuratorial suggestions, and realize the shift from "formal supervision" to "substantive supervision", the key point is that the objects of pre-litigation procuratorial suggestion should be suitable, the contents should be made public, the response should be reviewed and evaluated, and the implementation of return visits should emphasize accountability. It is necessary to make clear the pre-litigation procuratorial suggestion to supervise and urge the protection after the failure, and reasonably start the environmental administrative public interest litigation.

SystematicConstructionofEnvironmentalEducationinChina′sNationalParks:Background,DilemmaandProspect

SUNYanfei,TANGXiaolan，LIUSiyuan,WangHao

Abstract: In the continuous development of China′s national parks, the systematic construction of environmental education is in urgent need. However, it is restricted to some extent by the particularity of resource ownership, land use, resource type and management mode. In content, the systematization process consists of environmental education control, environmental resource study, education monitoring, training of education subject, interpretation system optimization, space planning and effect evaluation. The construction of systematic national park environmental education is bound to promote its integrity and scientificity.

OnProgressinImplementingZeroGrowthofChemicalFertilizerUseandtheTarget&PathofFertilizerReducinginthe"14thFive-YearPlan"

JINShuqin,ZHANGHui,TANGJiali

Abstract: Since the Ministry of Agriculture issued the plan of zero growth of chemical fertilizer use in 2015, the total amount of chemical fertilizer use has been reduced for three consecutive years by 2018, and most provinces have achieved both a decline in the total application amount and application intensity. However, in recent years, the main reason for the reduction in fertilizer use has been the reduction of sown area. The intensity of chemical fertilizer use in some provinces and major crops still increased. During the "Fourteenth Five-Year Plan" period, the task of ensuring the supply of grain and major agricultural products is still arduous, and there is less space for decline in crop planting area. The reduction goal of fertilizer use should be changed from "total reduction" to "intensity reduction", the reduction path should be changed from "controlling increment" to "destocking", and more attention should be paid to the evaluation of fertilizer intensity. And the targeted crops should be switched from cash crops to field crops.

DiscontinuousEquilibriumTheoryandEvolutionofRuralEnvironmentalGovernancePolicy:AnAnalysisbasedonPolicyText

GAOXinyu,WUEr

Abstract: Rural Environmental Governance is one of the issues that has attracted close social attention at present. Based on the discontinuity equilibrium model and the method of policy text analysis, the change of rural environmental governance policy in China from 1949 to 2020 is divided into four equilibrium periods and two discontinuity periods. It is found that the policy change is characterized by non-linearity, accidental mutation and high uncertainty. Based on Chinese context, the change has experienced six stages: green development sprout, omnipotence politics, historical transition, governance transition, start and development of ecological civilization construction. The attention distribution of the central government, the promotion of hot events and citizen′s participation in environmental protection affect the policy change by changing the policy field. The research expands the application scope of the discontinuous equilibrium theory and promotes its localization.

ResearchonMechanismofProductionandConsumptionBehaviorTransformationfromthePerspectiveofGreenDevelopment

LIYan,LAIYue,MAGaizhi

Abstract: Green development is the transformation of development pattern of the entire economic system, involving various links from the production and consumption fields, and requires the change of the behavior pattern of producers and consumers. The most prominent distinction between green production and consumption and the traditional economic development model is that the environmental impact of the whole process of economic activities is covered by preventive measures and means, so as to realize the coordination and unification of economic development and environmental protection. The transformation of behavior depends not only on cognition and consciousness, but also on how to maximize the interests of producers and consumers. Thus, the government not only supervises the environmental impact of production and consumption behavior, but more critically, establishes an effective market mechanism based on the economic value of environmental factors, so as to facilitate the effective transmission of environmental information and correct market information distortion. Only when the positive environmental benefits of producers and consumers can be transformed into brand benefits and long-term economic benefits, can the long-term mechanism of production and consumption behavior transformation be realized.

SpilloverEffectofRecyclingEffortsonGreenConsumptionandItsMechanism

XUJiaqi,SHEShengxiang,TIANYunzhang,CHENJing

Abstract: Tapping into the emotional and psychological mechanisms of recycling spillovers is conducive to making more effective policies to boost environmental protection. Relevant data were collected through a questionnaire for college students, and a research model was built based on theoretical derivation. The spillover effect of recycling efforts on green consumption behaviors and its mechanism were revealed by using structural equation method. The results show that: recycling effort has a positive influence on pride and environmental self-identification; pride has a positive influence on environmental self-identification,while the latter has a positive influence on green consumption; pride has no significant influence on green consumption; recycling cost has a negative moderating effect on pride, but it has no significant moderating effect on environmental self-identification. The above findings will lead to the conclusion that individual′s recycling efforts have positive spillover effect on green consumption through the mediating variable pride and environmental self-identification; the moderating effect of recycling cost is negative and has influence only on pride.

ResearchonEcologicalAgricultureTraininginChinafromPerspectiveofInterests

WANGJin

Abstract: Ecological training is helpful in raising the farmers′ awareness to protect the ecological environment and to realize the effective use of resources. However, the training effect is restricted by lack of incentive, technology and operating mechanism. In order to achieve a rapid and healthy development of ecological agriculture in China, we should encourage the enthusiasm of both the subject and object in perspective of interests by improving the technical guarantee mechanism, incentive mechanism, training personnel and operation mechanism, and fully stimulating the trainers and trainees′ motivation of carrying out ecological agriculture training.