Research On Integrity Of Environmental Liablity

Since the 1990 s,China has begun to focus on economic,social and environmental coordination.The will of the 17 th national congress of "the construction of ecological civilization" into the report,to the fifth plenary session of the party 18 "five development idea",the party and the government to the environmental problems understanding gradually rises to the height of ecological civilization,as the party's program and the national strategy.For the implementation of the strategic target,the state has staged a series of laws,regulations and policies,has preliminarily established to promote resource conservation and environment friendly society construction and the guarantee system of laws,regulations and policies for the construction of ecological civilization,ecological civilization construction to fall on the concrete practice in action.Among them are relevant laws and regulations on the legal governance of hazardous waste.In the classification of hazardous waste in the national hazardous waste directory,there is a classification of waste products generated by "non-specific industries".Relative to the industrial production of hazardous waste,medical waste,etc is concentrated source,the "specific industry" sources of hazardous waste,has the following characteristics:(1)generated in social production and living,the source;2.Wide range and unfixed amount of production;3.It is difficult to collect and complex.It isbecause of the definition of "specific industry" hazardous waste classification is not very clear,that in the process of hazardous waste management to "social source" potential value of the hazardous wastes didn't rise to the same industry,medical sources of hazardous waste equal degree,thus to some extent restricted the module complete degree of our country's hazardous waste comprehensive treatment.Social source at the same time the characteristics of the hazardous waste is also determines its governance process and collaborative governance,public participation is inseparable,it governance process and traditional process of the management of hazardous waste has its own particularity,namely the regulation of environmental responsibility cannot of environmental legal liability is the traditional/environmental enforcement responsibility,must include ethics,respect into care factors,such as "integrity responsibility"(integrative responsibility),the concept of integrity is to borrow dworkin in imperial law [the encyclopedia of China publishing house,1996),chang-qing li translation] "holistic concept of law" in the hair.Makes the social source of hazardous waste management in the process of individual citizens in comply with the relevant environmental laws and regulations of construct and ethics at the same time,in the emotional,consciously abide by the law of responsibility of moral norms,such ability say today we put forward the social source of hazardous waste management a new topic to have solid law foundation.Therefore,this paper is divided into four parts.Part I: introduction.The main problems are presented,the present situation of domestic and foreign research,and the basic framework and research methods of this thesis;The second part: to explore the environmental responsibilities under the perspective of positivism,to point out its features and defects,to demonstrate that the positivist environmental responsibility cannot adapt to the governance of the hazardous waste of social sources;The third part: introduces the thesis topic--the ontology of the whole environmental responsibility,focuses on the origin and necessity of the whole environmental responsibility,and constructs the whole system of environmental responsibility;The fourth part: try the circulate of holistic environmental responsibility,including civic virtue cultivation and community-based self-management,the practical rationality and emotion care law enforcers,the guarantee of holistic environmental liability functions.