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Environmental Rights: on the Perspective of Harmonious Development between Human Beings and Nature 环境权:人与自然和谐发展的视角
Pub Date : 2008-01-01 DOI: 10.1016/S1872-583X(08)60013-3
Chen Demin, Dong Zhengai

The idea of environmental rights was first ascertained as a universal concern in the late 20th century and then became a fundamental part of environmental law along with the growth of serious disasters brought by the frequent occurrence of extreme environmental crisis. Generally speaking, the environmental rights safeguard and defend human rights and ultimately facilitate producing better conditions of life on earth by stretching and expanding the theory of traditional human rights. But there are endless debates since environmental rights appeared and various views of environmental rights, such as anthropocentric doctrine and organism's centre doctrine. Differentiated from the traditional research, this article reviewed environmental rights from the perspective of harmonious development between human beings and nature rather than from the perspective of law. Therefore, it is very important to clarify the relationship between human beings and nature based on the environmental rights and to promote the environmental rights to be embodied in the constitution. This article emphasized the importance of the practical significance of environmental rights, and built a concrete structure within the legal system that could promote the transformation of environmental law from ‘should have’ right to practical right, and promote the further development of environmental rights and their weightiness in the legal system.

环境权理念在20世纪后期被确定为一种普遍关注的理念,并随着极端环境危机的频繁发生所带来的严重灾害的增长而成为环境法的一个基本组成部分。一般来说,环境权通过对传统人权理论的延伸和拓展,维护和捍卫人权,最终促进创造更好的地球生活条件。但自环境权出现以来,关于环境权的争论一直不绝于声,环境权观出现了人类中心主义、生物中心主义等多种观点。与传统研究不同,本文从人与自然和谐发展的角度审视环境权,而不是从法律的角度审视环境权。因此,在环境权的基础上厘清人与自然的关系,促进环境权在宪法中的体现具有十分重要的意义。本文强调了环境权的现实意义,并在法律体系内构建了一个具体的结构,以促进环境法从“应该拥有”权利向“实际拥有”权利的转变,促进环境权在法律体系中的进一步发展和重要性。
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引用次数: 7
Scientific Establishment of Governmental Responsibility in Environmental Legislation 环境立法中政府责任的科学确立
Pub Date : 2008-01-01 DOI: 10.1016/S1872-583X(08)60016-9
Zhang Jianwei

Scientific establishment of governmental responsibility is essential in environmental legislation, and the guideline of which is essential to improve the public trust on the government through development of the primary governmental environmental obligation, namely the governmental environmental responsibility, as well as strengthening of the secondary governmental environmental obligation, i.e. the governmental legislation responsibility, so as to empower the governmental enforcement efficiency and the principle of establishing the governmental environmental responsibility in accordance with the public environmental demand and within the scope of the governmental scope of administration. The establishment of the governmental environmental responsibility for various levels of governments should be divided on the basis of different structures of governmental capacity, whereas the establishment of the governmental environmental responsibility for various levels of authorities should be emphasized to concentration of authorities responsible for environmental administration and expansion of authorities not responsible for environmental administration.

在环境立法中,政府责任的科学确立是必不可少的,其指导方针是通过发展政府一级环境义务即政府环境责任,加强政府二级环境义务即政府立法责任来提高公众对政府的信任。从而增强政府的执法效率,并根据公众的环境需求,在政府的管理范围内确立政府的环境责任原则。各级政府环境责任的设置应根据政府能力结构的不同进行划分,各级政府环境责任的设置应强调环境行政主管部门的集中和非环境行政主管部门的扩大。
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引用次数: 0
Environmental Rights: on the Perspective of Harmonious Development between Human Beings and Nature 环境权:人与自然和谐发展的视角
Pub Date : 2008-01-01 DOI: 10.1016/S1872-583X(08)60013-3
Chen De-min, Dong Zheng-ai
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引用次数: 7
Comprehensive Evaluation on Development of Agricultural Recycling Economy in Chaohu Basin 巢湖流域农业循环经济发展综合评价
Pub Date : 2008-01-01 DOI: 10.1016/S1872-583X(08)60015-7
Wu Kaiya

By establishing the index system for evaluating agricultural recycling economy and assigning weight of each index with entropy method, this article presents descriptive evaluation and comprehensive evaluation on the development of agricultural recycling economy in Chaohu basin from 1990 to 2004. The results show that the recycling development degree of Chaohu basin's economy is improving gradually; the primary obstacle is embodied in the index of economic and social development; in addition, there is an increasing effect of obstacle by the recycling usage of resources and reduction of resource input. Finally, the article gives some suggestions on how to promote recycling economy in Chaohu basin.

通过建立农业循环经济评价指标体系,运用熵值法赋予各指标权重,对巢湖流域1990 - 2004年农业循环经济发展状况进行了描述性评价和综合评价。结果表明:巢湖流域经济循环发展程度逐步提高;主要障碍体现在经济社会发展指标上;此外,资源的循环利用和资源投入的减少所造成的阻碍作用越来越大。最后,对巢湖流域如何发展循环经济提出了建议。
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引用次数: 9
Strategic Evaluation on Security of China's Petroleum: from 1990 to 2006 中国石油安全战略评价:1990 - 2006年
Pub Date : 2008-01-01 DOI: 10.1016/S1872-583X(08)60014-5
Chen Jun, Cheng Jinhua, Wu Qiaosheng

From the angle of the supply stability and use security, this article has constructed an appraisal indexes system and established the strategic evaluation model for the security of Chinese petroleum by using the gray correlated method. The article then made an empirical research on the bases of the data from 1990 to 2006. The result indicated that the security level of China's petroleum presents an undulatory and slow ascend tendency. This attributed to the combined function of the oil production, the optimization of economical system, and the technology advancement in the energy domain. At the same time, the undulatory slow enhancement from the environmental protection effect, which is led by the conservation of energy in GDP, has greatly influenced the use security of petroleum, and its undulation has attacked the stable function to the humanity effect in the petroleum use security, and it has caused the short-term undulation to the petroleum use security level, as well as the China's petroleum security. It is the most important way for China's petroleum security that synthesis considering the influence factor and the development tendency and promoting the benign function mechanism to be formed to China's petroleum security from the angles of economy growth, petroleum supply, technology advancement, environmental protection, and humanities development.

从供应稳定和使用安全的角度出发,构建了评价指标体系,运用灰色关联法建立了我国石油安全战略评价模型。在此基础上,本文对1990 - 2006年的数据进行了实证研究。结果表明,中国石油安全水平呈现出波动和缓慢上升的趋势。这是石油生产、经济体系优化和能源领域技术进步的综合作用。与此同时,以GDP节能为主导的环境保护效应的波动性缓慢提升,极大地影响了石油的使用安全,其波动性冲击了石油使用安全中对人类效应的稳定作用,造成了石油使用安全水平的短期波动,也影响了中国的石油安全。综合考虑中国石油安全的影响因素和发展趋势,从经济增长、石油供应、技术进步、环境保护和人文发展等角度促进中国石油安全形成良性作用机制,是中国石油安全的重要途径。
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引用次数: 5
Socioeconomic Impact of Forest Eco-compensation Mechanism in Hainan Province of China 海南省森林生态补偿机制的社会经济影响
Pub Date : 2007-11-01 DOI: 10.1016/S1872-583X(08)60011-X
Li Fen , Chen Hongfeng , Li Wenhua

The establishment of the forest eco-compensation mechanism could realize the value of the forest ecosystem services partly or thoroughly, stress the equality of the stakeholders, encourage public participation in forest ecosystem tendering, and strengthen the capacity of sustainable management. Taking the Hainan province as an example, this study focuses on the analysis of major socioeconomic and ecological impacts of forest eco-compensation in the Qiongzhong County and Lingshui County, and recommends approaches and practices for the establishment of the eco-compensation mechanism in the Hainan Province. Data were collected from a household questionnaire survey. Altogether 120 households have been interviewed, and Statistical Product and Service Solutions (SPSS) was applied for data analysis. Most of the respondents held a positive attitude toward the forest eco-compensation policy which has contributed to the improvement of environmental quality. However, forest protection has limited the opportunities for the income growth of local communities, who have never got sufficient compensation from either the central or local governments. Insufficient financial support to forest institutions and local communities involved in forest management has led to major conflicts in forest management, such as, the conflict between forest protection and local economic development, and decrease in arable land area and increase in surplus labor force. On the basis of case study results, the core issues of forest eco-compensation mechanism in Hainan province are discussed. Finally, suggestions and recommendations that cover forest eco-compensation standards, management institutions, and community capacity building and diversification of financing channels, have been made for the establishment of forest eco-compensation mechanism in Hainan.

森林生态补偿机制的建立可以部分或彻底实现森林生态系统服务价值,强调利益相关者的平等,鼓励公众参与森林生态系统招标,增强可持续经营能力。本研究以海南省为例,重点分析了琼中县和陵水县森林生态补偿的主要社会经济和生态影响,提出了海南省建立森林生态补偿机制的途径和实践。数据收集自家庭问卷调查。共对120户家庭进行了访谈,使用SPSS (Statistical Product and Service Solutions)软件进行数据分析。大多数被调查者对森林生态补偿政策对环境质量的改善持积极态度。然而,森林保护限制了当地社区收入增长的机会,他们从未从中央或地方政府获得足够的补偿。对参与森林经营的森林机构和地方社区的资金支持不足,导致森林经营中的重大矛盾,如森林保护与地方经济发展的矛盾、耕地面积减少和剩余劳动力增加等。在案例研究的基础上,对海南省森林生态补偿机制的核心问题进行了探讨。最后,从森林生态补偿标准、管理制度、社区能力建设和融资渠道多元化等方面对海南森林生态补偿机制的建立提出了建议和建议。
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引用次数: 12
Up-to-date Investigation Report on Rural Migrant Workers in China 中国农民工最新调查报告
Pub Date : 2007-11-01 DOI: 10.1016/S1872-583X(08)60009-1
Jian Xinhua, Huang Kun

One year has passed since the Advice on Solving the Problems of Rural Migrant Workers by the State Council was put into practice. The status for rural migrant workers has been improved effectively. Especially, their wages have been increased notably, the problem of default on wage payments has been alleviated, and the services offered to them by governments have been improved. However, some essential problems, such as low income and bad living conditions, have not been changed ultimately. Their strong wishes to become legal urban residents are still far from being realized. Therefore, we should carry out the current policies, make further institutional innovations, increase relevant investments, gradually eliminate institutional barricades, and fund shortage problems that prevent rural migrant workers from becoming legal urban residents, and solve the problems of rural migrant workers thoroughly.

《国务院关于解决农民工问题的意见》实施已有一年。农民工地位得到有效提高。特别是,他们的工资有了明显的提高,拖欠工资的问题得到了缓解,政府为他们提供的服务得到了改善。然而,一些根本性的问题,如低收入和恶劣的生活条件,并没有最终改变。他们成为合法城市居民的强烈愿望仍远未实现。因此,我们应该贯彻现行政策,进一步进行制度创新,加大相关投入,逐步消除阻碍农民工成为城镇合法居民的制度障碍和资金短缺问题,从根本上解决农民工问题。
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引用次数: 14
Diffusion of Lead-free Soldering in Electronics Industry in China 无铅焊接在中国电子工业的推广
Pub Date : 2007-11-01 DOI: 10.1016/S1872-583X(08)60010-8
Tong Xin

The EU directives on e-waste management (WEEE and RoHS) have drawn the attention of electronics producers around the world to the environmental benign technologies in recent years. One of the technological challenges to the electronics manufacturers is the adoption of the lead-free soldering system. This article studies the diffusion of lead-free soldering technology among the electronics producers in China, and finds out the relevance of clusters for the diffusion of environmental benign technological innovation among firms. Four agents, as key promoters, were identified within the production network –leading global brand-name companies, the OEM companies who provide integrated manufacturing service, the suppliers of lead-free components, and specialized consultant companies. The conclusion is that industrial cluster facilitates communications among all agents for the diffusion of innovation, whereas, the incentives for firms within the cluster, to collaborate for innovation, comes from outside.

近年来,欧盟关于电子废弃物管理的指令(WEEE和RoHS)引起了世界各地电子产品生产商对环保技术的关注。电子制造商面临的技术挑战之一是采用无铅焊接系统。本文研究了无铅焊接技术在中国电子产品生产企业间的扩散,发现了环境友好型技术创新在企业间扩散的关联性。在生产网络中确定了四家代理商作为主要推动者——全球领先的品牌公司、提供集成制造服务的OEM公司、无铅组件供应商和专业咨询公司。结论是,产业集群促进了所有主体之间的交流,促进了创新的扩散,而集群内企业合作创新的激励来自外部。
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引用次数: 2
Quantitative Change of Cultivated Land Based on the Current System of Finance and Taxation 基于现行财税制度的耕地数量变化
Pub Date : 2007-11-01 DOI: 10.1016/S1872-583X(08)60012-1
Li Yongle , Wu Qun

The quantitative change in cultivated land resources is affected by many factors, which include population increase and fixed asset investments. The system of finance and taxation, which is the deep cause affecting the quantitative change in cultivated land resources in China is discussed in this article. From the quantitative and mechanism analysis, the quantitative change in cultivated land resources is affected by the current system of finance and taxation in both a positive and passive manner. As a whole, it is negative as far as protection of cultivated land resources is concerned. The result of the quantitative analysis verifies that the current finance and taxation system has an effect on the quantitative change in cultivated land resources. The article presents some suggestions: add financial budget revenue of the local government, distribute the land transfer rent reasonably, and make use of the land transfer rent to improve people's standard of living,

耕地资源的数量变化受人口增长和固定资产投资等因素的影响。财税制度是影响中国耕地资源数量变化的深层原因。从数量和机制分析来看,现行财税制度对耕地资源数量变化的影响既有积极的一面,也有消极的一面。从总体上看,对耕地资源的保护是消极的。定量分析的结果验证了现行财税制度对耕地资源量变的影响。提出了增加地方政府财政预算收入,合理分配土地出让金,利用土地出让金提高人民生活水平的建议;
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引用次数: 4
Dynamic Changes and Optimal Allocation of Arable Land Conversion in Transition of Jiangsu province 江苏省转型时期耕地非农化动态变化与优化配置
Pub Date : 2007-09-01 DOI: 10.1016/S1872-583X(08)60008-X
Xu Hengzhou, Qu Futian, Guo Zhongxing

With the rapid development of economy and urbanization, there is more need for land, and that the arable land faces the paradox of allocation in the agricultural sector and nonagricultural sector. How to optimally allocate land in the agricultural sector and nonagricultural sector has become an important issue. This article tries to analyze the change of arable land in Jiangsu, and then uses the MAC model to get the optimal amount of arable land that can be changed, so that we can make a deadline for protecting the arable land and come up with a method for optimal allocation.

随着我国经济的快速发展和城市化进程的加快,我国对土地的需求越来越大,耕地面临着农业部门与非农业部门分配的矛盾。如何在农业部门和非农业部门之间合理配置土地已成为一个重要的问题。本文试图通过对江苏省耕地变化的分析,运用MAC模型得出江苏省耕地可变化的最优数量,从而为保护耕地制定期限,提出耕地的最优配置方法。
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引用次数: 5
期刊
China Population, Resources and Environment
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