OnRealizationLogicofEcologicalCivilizationSystemunderthePerspectiveofChineseModernization

CHENJun,XIAOYutong

Abstract: As the sum of behavioral norms that coordinate the relationship between human and nature, human and society, system of ecological civilization and Chinese modernization, in which man and nature coexist harmoniously, have a high degree of practical relevance. To promote Chinese modernization, we must adhere to the harmonious coexistence between man and nature, and consolidate the institutional foundation of ecological civilization from the inherent requirements of modernization of national governance system and governance capacity in the field of ecological environment. From the perspective of process deconstruction, ecological civilization contains an internal realization mechanism, that is, it is generated and evolved in the dynamic balance of institutional supply and demand, operates efficiently in the optimal combination of institutional replacement and institutional complementarity, and develops and improves continuously within the institution and in the coupling and coordination with the economic, social, political and cultural institutions. The construction of China′s ecological civilization should adhere to the goal of Chinese modernization, which serves the harmonious coexistence of man and nature with high quality. We should constantly strengthen the top-level design to build a multi-adaptive system, promote institutional linkage to improve the efficiency of institutional collaborative operation, and enhance the institutional supply capacity to meet people′s demand for a beautiful ecological environment.

TheEcologicalImplicationof"ModernizationofCommonProsperityforAll"andItsNewCivilizationValue

LIJianxiao

Abstract: Common prosperity and ecological civilization are the distinctive signs of Chinese path to modernization. The coupling study of the two can decode the internal mechanism of how the Chinese path can create a new model for human civilization. From the perspective of origin logic, Marx′s ecological interpretation of the category of wealth, the publicity of ecological environment and natural resources, the ecological transformation of economic and social development and regional economic imbalances are exacerbated by differences in resource endowments, which together constitute the reasons for "modernization of common prosperity for all" including ecological connotation. From the perspective of the construction path, promoting the "modernization of common prosperity for all", we need to adhere to the modernization concept of green development, view ecological productivity as a sustained driving force, improve the ownership of natural resource assets by all, and refine the value realization and compensation mechanism of ecological products. From the perspective of civilization value, "modernization of common prosperity for all" with ecological implication means that Chinese path to modernization can get rid of capital control, pursue the dual goals of common prosperity and ecological civilization, and create a new civilization form different from capitalist civilization.

AnalysisontheNatureofLegalResponsibilityforEcologicalEnvironmentRestoration

WANGCanfa,WANGZheng

Abstract: The legal responsibility of ecological environment restoration is aimed at achieving public welfare relief for the ecological environment. The ecological restoration is reflected in the filling of damaged interests at the level of form and appearance, and the application of different attribute of responsibility realization mechanisms increases the difficulty of identifying its nature. The characterization of administrative legal responsibility should be clarified to ensure that the public welfare is properly remedied and safeguarded. The legal liability for ecological environment restoration is consistent with the basic constituent elements of administrative legal liability, and administrative legal responsibility can accommodate the theoretical core of the "ecological restoration theory". From the perspective that the legal responsibility for ecological environment restoration belongs to the administrative legal responsibility and the latter can carry the core of the former, this paper provides evidence for the administrative characterization of the legal responsibility for ecological environment restoration.

OnShiftintheRelationshipbetweenJudicialandExecutivePower:APerspectiveonClimateLitigationintheUnitedStatesofAmerica

GAOLihong,SUDa

Abstract: With the intensification of the climate change crisis, climate litigation has become an important channel to promote changes in the climate regulatory system of various countries, and the relationship between judicial power and executive power is the core proposition of climate litigation worldwide. At present, the United States has the largest number of climate litigation cases. Since the 20th century, it has established a relatively balanced and stable relationship between executive power and judicial power through a series of climate litigation cases, based on judicial reviews. Climate change has posed unprecedented challenges to the executive power, while climate litigation has become an opportunity of shift in the relationship. From view of the U.S. climate litigation cases, three modes of relationship have taken shape between the executive power and the judicial power: the avoidance mode, the restriction mode, and the complementary mode. The judiciary either avoids the trial with the "political problem principle" as the core, or puts certain limitations on the scope of the executive′s discretion or supplements the legitimacy and reasonableness of the executive′s behavior in response to climate change. The avoidance mode stems from judicial restraint under the "separation of powers",the restriction mode is based on mature judicial review, and the complementary mode is still being explored. The relationship between judicial power and executive power is the main line of inquiry into U.S. climate litigation. Clarifying its litigation characteristics, legal tools, and power boundaries can provide a reference for the development of China′s climate litigation, and realize the Chinization of climate litigation. Climate litigation should be limited to a narrow scope, and there is no need to design a separate litigation procedure for it. Judicial power should point out the direction of climate response for executive power, form climate legal responsibility, and avoid interfering with the substantive scope of executive power.

OntheCharacterizationofUnlicensedMiningbyLandUsufructOwners:TheDevelopmentofJudicialCaseStudiesinthePerspectiveofCriminalLawDoctrine

TOUXiaodong,XIAOGengqi

Abstract: In recent years, cases of unlicensed mining by land usufruct owners have become frequent. From the doctrinal point of view, different judicial organs have divergent views on how to characterize the unlicensed mining behavior of land usufruct owners, and the conviction and sentencing of such behavior is confusing in practice. It is not appropriate to simply determine that the unlicensed act of mining constitutes an illegal mining crime. If the unlicensed mining of agricultural land by the usufructuary causes massive destruction of agricultural land such as arable land and forest land, the behavior constitutes the crime of illegal occupation of agricultural land. If the owner has the purpose of illegal possession of mineral resources, the unlicensed act also constitutes the crime of theft, which is an act of committing several crimes and should be punished from a felony according to the principle of imaginative competition. In the process of dealing with such cases, the judiciary should comprehensively assess the defendant′s behavior to avoid the path of unlawful mining cases being treated as illegal mining crimes.

OnDilemmaandSolutionofConnectionbetweenEcologicalEnvironmentalDamageCompensationLitigationandEnvironmentalCivilPublicInterestLitigation

SUNHongkun,FANYali

Abstract: The direct cause of the connection dilemma between the ecological environmental damage compensation lawsuit and the environmental civil public interest lawsuit lies in the legislative level defects of the legislative model and the legal norm. Meanwhile the indirect reason lies in the unclear judicial aspect of the plaintiff′s main body, the unclear imputation principle and the imperfect consultation procedure. In order to solve the problems, first of all, it must be clear that the relationship between the "two lawsuits" is general and special, and that both rights of action come from the non-specificity of the subject of environmental interests. Secondly, we should standardize and optimize the cohesion according to the provisions on handling cases of ecological damage compensation released by The Supreme People′s Court, and integrate the legal norms by establishing a special chapter in the environmental code. Thirdly, we should make clear the way for administrative organs to file the plaintiff qualification of ecological environmental damage compensation litigation. In addition, we should establish evidence sharing mechanism and a consultative announcement system for damages.

TheConnotationofModernEnvironmentalLawinHarmonywithHumanandNature:InterpretationoftheLegalPerspectiveofSystemsTheory

OUYANGEnqian

Abstract: Systems theory jurisprudence replaces the "whole/part" of traditional systems theory with "system/environment", which integrates the two methodologies of environmental law holism and reductionism. From the perspective of systematicism jurisprudence, the significance of harmonious coexistence and modernization of environmental law between human and nature requires environmental law to pay more attention to the overall systematization, including environmental legislation consultation centered on "environmental protection goals" and environmental law implementation focusing on "promoting comprehensive compliance with the law". The institutionalization of the "demand-response" cycle is the structural connotation of harmonious coexistence between man and nature and modernization for environmental law.

ResearchontheAttributeofCarbonReductionRightsundertheCarbonInclusiveVisionThreshold

HUANGXiurong,SUJingyi

Abstract: Carbon Inclusion is an important innovative system for digital technology to empower ecological environment governance and promote individual emission reduction to achieve carbon peaking and carbon neutrality goals. The identification of the property of carbon reduction rights under this visual threshold is the key to break through the development bottleneck of the Carbon Inclusion and scientifically study the legal issues such as the principle of the Carbon Inclusion and the future framework mechanism configuration. Through the clarification of the relationship between carbon emission rights and carbon reduction rights, it is legitimate, reasonable, realistic and legitimate to identify carbon reduction rights as "data property rights" with private rights and public law attributes based on the generation, value and practice of rights. Based on this, we should build an "Internet + carbon inclusion" data platform, promote the digital application of carbon inclusive, explore cross-regional, cross-platform, and link the path model of carbon emission rights trading market, and promote the development of Carbon Inclusion at the level of top-level design and the protection of personal information security.

OnEnvironmentalAdministrativePublicInterestLitigationasanObjectiveLitigation

WANGZuohua,YUHuaifeng,LIUXia

Abstract: Environmental administrative public interest litigation has significant objective litigation characteristics such as safeguarding public interests and legal order, obviously varied from the subjective litigation characteristics of traditional administrative litigation. Due to the objective litigation characteristics of institutional design, the procedural organization is mainly reflected in the substantive review of prosecution conditions, the expansion of the scope of case acceptance and illegality review, and the result orientation of pre-litigation procedures. The inherent administrative jurisprudence and its objective attributes of environmental administrative litigation are mutually exclusive, and the intrinsic administrative characteristics and institutional functions determine that the system should establish an objective litigation mode. Due to the misplaced attribution of ecological environmental responsibility, the disputed subject of public interest litigation benefits, the absence of administrative intervention in pre-litigation procedure, and the administrative supervision judicial procedure neglects and other system cracks, the supplementation of this system should follow the objective laws of environmental governance; and a comprehensive governance system led by administration, diversified participation and co-governance should be established. Prosecuting authorities should prevent judicial offside, and pay attention to the full play of the prosecutorial recommendations function of pre-litigation procedures. The types of judgments for maintaining order should be refined, the objective attributes of the system in terms of procedural improvement be restored and strengthened.