The Type Analysis And Legal Improvement Of The Positive Incentive Mechanism Of Environmental Law

Incentive is the basic function of law,and improving the incentive mechanism of environmental law is of great significance for promoting the modernization of the theoretical system and governance system of environmental law.From the perspective of the type of positive incentive mechanism of environmental law,this paper distinguishes positive incentive from incentive,puts forward the concept and characteristics of positive incentive of environmental law,and discusses the necessity and feasibility of positive incentive mechanism of environmental law.Secondly,through the analysis of my country’s environmental laws,the positive incentives of environmental laws are summarized into four types of positive incentives: enabling incentives,environmental subsidy incentives,administrative reward incentives,and declarative incentives.comparative analysis.Thirdly,it points out that there are still many deficiencies in the positive incentives of environmental law,which are embodied in the hollowing out of content and policy,the homogeneity of the model,and the dissonance of the system.Finally,in response to the above problems,it is proposed that,in the construction of the overall system,the establishment of positive incentives as a principle of environmental law is not only conducive to the construction of the legal group of the positive incentive mechanism of environmental law,but also for the subsequent positive incentive laws.The introduction leaves enough space.At the level,an incentive network with different incentive models as the horizontal line and the environmental legal system as the vertical line should be adopted;in terms of specific systems,it should focus on solving existing problems,expand the scope of implementation,and clarify specific regulations to solve hollowing and policyization.Clarify the scope of application of different incentive models to solve the problem of homogenization.Strengthen the cooperation of incentive mechanism and restraint mechanism,integrate relevant incentive regulations to solve the problem of system imbalance;in terms of procedures,improve procedural regulations such as administrative internal supervision and judicial relief system.