Economic Research On The Estabishment Of Environmental Civil Right In China

In recent years,China’s environmental pollution and ecological deterioration have been highly concerned by all sectors of society,which has led to extensive discussion of individual environmental rights.Based on this,from the perspective of economics,this paper uses the theories and models such as statistics,economics,game theory,cost-benefit theory,etc.to study the topic of environmental civil rights,and demonstrates the necessity,rationality and value of the environmental rights of residents are included in the protection of civil law.At the same time,this paper puts up the theoretical basis for the establishment of environmental civil rights and other issues.This paper is divided into eight chapters.Chapter One puts forward the background,research significance,methods,research ideas and innovations.Chapter Two focuses on the environmental rights of residents,and carries out a literature review of the three parts of the relevant environmental Kuznets curve,game theory and legal discussion on whether the environmental civil rights should be established.Chapter Three studies the economic logic of the establishment of rights,and discusses the current needs of the environmental rights of residents in China.Chapter Four and Five summarize the key elements of the environmental protection system of Chinese residents,including environmental administrative protection,pro-curatorial public interest litigation and environmental public interest litigation,from the perspective of game theory,and discover the current environmental rights of residents in China from the perspective of cost-benefit.The inherent cost of protecting the system is high cost and low yield.Chapter Six based on the two levels of material and spiritual,it selects two main core variables: the income and the education level ofresidents,and carries out empirical analysis between the two and environmental pollution.The results show that under different income and cultural,residents have different effects on the reduction of pollutant emissions.Individuals with certain income and education have positive significance to environmental protection,thus verifying the important role of individual residents in environmental protection.Chapter Seven is the deep research in chapter four and chapter five,and further analyzes the game between residents and environmental polluter under the assumption of the establishment of environmental civil rights in China.It is found that when residents have environmental civil rights,residents’ behaviors have direct and significant protection for their environmental rights and overall environmental protection.The effectiveness of protection,especially in the precaution of environmental pollution,has a positive effect.At the same time,residents’ preference for green products will guide enterprises to take the initiative to do green production.Chapter eight gives a brief summary of the paper and further consideration of the outlook.The main research contents and conclusions of this paper are as follows:The first is the game analysis of environmental pollution and environmental administrative supervision.(1)Using game theory to sort out the different strategic behaviors of the three key stakeholders involved in the current environmental pollution and environmental administrative supervision process,the local administrative supervision department and the competent department of the State Council,and clarify the behavioral rules of the three parties’ game subject,and stability strategy.The study found that the effectiveness of environmental administrative protection in China is closely related to the three factors of environmental administrative protection cost,pollution investigation rate and pollution punishment quota.(2)Based on the above game analysis,combined with the cost-benefit analysis method,the problems and weaknesses of China’s environmental administrative supervision methods are further discovered.The cost of environmental administrative protection in China is high,the pollution investigation rate is low and the pollution punishment amount is low.Higher inherent problems,it is proposed to construct new environmental protection measures to overcome the failure of environmental administrative supervision.The second is the theoretical basis for the establishment of environmental civil rights.(1)Using the theory of economic externalities to analyze the key elements of the attributes,behavioral connotations,event processes and changes in interests of all parties involved in environmental pollution incidents,and to clarify the deep-seated connotations and attributes of environmental pollution incidents.(2)Carding the protection points of the civil law system,analysing the elements of environmental pollution and the connotation of rights and interests,combining economics and law theory,this paper demonstrates the rationality of the existence of residents’ environmental rights and the object of protection of civil law,and provides a theoretical basis for the establishment of environmental civil rights.The third is the empirical analysis of individual characteristics and environmental pollution of residents.(1)A more scientific and comprehensive environmental pollution index system has been constructed: from the three levels of water,gas and solid,an overall environmental pollution index library covering 31 provinces(autonomous regions and municipalities)has been established.(2)Based on the material and spiritual aspects of the residents,the author uses the core variables of the income and the education level of the residents to conduct an empirical analysis with China’s environmental pollution index system.The measurement results show that the relationship between the residents’ material indicators and pollution,the spiritual indicators and pollution,both conforms to the "inverted U-shaped" environmental Kuznets curve.As a result,the residents with certain income and cultural level can play an important positive role in environmental protection.The fourth is the game analysis under the assumption of the establishment of environmental civil rights.Based on the premise that residents already have environmental civil rights,the game analysis between polluters and residents is further carried out.The results show that when residents have environmental civil rights and obligations,they will be able to rapidly expand environmental protection forces without increasing environmental protection costs,create a shocking environment where “polluters do not dare to pollute”,and achieve low-cost and high-efficiency prevention atmosphere and environmental protection effects.The value of the environmental rights of residents into civil law protection is clarified.At the same time,the game found that even if residents have environmental civil rights,it will not lead to a sharp increase in environmental civil litigation cases and a waste of judicial resources.The first is the study of legal issues from the perspective of economics.Using the theory,models and tools of economics,this article takes the rationality,necessity and value of the establishment of environmental civil rights in China as the main line,and discusses the economic logic and connotation of the establishment of environmental civil rights in residents,empirical analysis and game verification of the value of the establishment of rights,is an exploratory study on the field of environmental civil rights of residents.Second,there are certain innovations in research methods,and a variety of research methods such as cost-benefit method,game theory,externality theory,fact observation,experience summary,and empirical research are used.In the empirical research on the relationship between residents’ environmental protection and environmental pollution,the innovative use of the education level of residents as the core explanatory variable to reflect the role of residents’ spiritual level in environmental protection has enriched the perspective of the environmental Kuznets curve model.The third is to summarize and analyze the operation of the current residents’ environmental rights protection system in China.Based on the analysis of game theory,the key elements of its operation are found,the costsand benefits of each key factor are further examined.The current residents’ environmental rights protection system is found.The status quo of high costs and low benefits in operation makes it difficult to fully protect residents’ environmental demands.The fourth is that the research on interdisciplinary topics in this article does not stay at the surface of the proposal,but proposes a preliminary idea of the framework system,important content,and establishment steps of the environment civil rights,which really promotes the research to the practical and operable level.The previous research on the subject at both economic and legal levels has made a breakthrough.