英文摘要

ResearchonLegislativeCooperationof"DualCarbon"TargetsinGuangdong-HongKong-MacauGreaterBayArea

YANGJiejun,ZHANPengwei

Abstract: The realization of "dual carbon" targets needs to be based on a complete legal system. With the practice of "One Country, Two Systems" policy, Guangdong-Hong Kong-Macao Greater Bay Area (GBA) as a characteristic urban consortium, can work closely together. In particular, they can cooperate in legislation to achieve carbon dioxide peaking and carbon neutrality goals. However, due to the differences in the legal system, cities in GBA are face dup with some obstacles while cooperating in legislation. For example, the approaches of cooperation are limited, the legislative methods are different, the local standards are not unified, and the legal framework is incomplete. To solve these problems, the Central People′s Government should govern the mainland with an overall jurisdiction so that GBA can cooperate in the way of "authorisation + negotiation" on the basis of a full respect to the highly autonomy of Hong Kong and Macao. A systematic legal system for dual carbon cooperation in GBA should be constructed on a flexible legislative coordination.

OnLegislativeDimensionofRealizing"DoubleCarbon"Targets

ZHANGZitai,ZHANGYedong

Abstract: To achieve the “double carbon” Targets and formulate a special law on thegoalthat integrates all parties and exercise overall leadership, we must attach importance to the research on its legislative dimension. Existing research is limited to a single dimension of carbon reduction, or on the perspective of climate change legislation and environmental legal protection related to double carbon, with the lack of a systematic and comprehensive in-depth analysis. The effort to achievepeakcarbondioxideemissionsandcarbonneutralitymust be incorporated into the overall layout of ecological civilization construction. Therefore, it can be deeply analyzed from three dimensions: power-power dimension, power-right dimension, and right-right dimension. In the future, we should combine the holistic system view, integrate the legislation of the entire "double carbon" field from the overall legislative dimension, and exercise the top-level design of special laws and regulatory systems based on the theory of power allocation; form the medium structure of carbon emission management in four stages, i.e. total volume setting, quota allocation, registration and contract performance, and settlement through target cybernetics; build a market mechanism including carbon trading and carbon finance on the theory of low-carbon development; form a legal system integrating the public and private; and provide dimensional legal protection for achieving the goal.

OnDualStructureofIllegalityofPunitiveDamagesforEcologicalEnvironmentalTort

CHENWei，FENGJiaqi

Abstract: Denying the independence of illegal element used to be a common theory in the field of civil tort in China. However, the independent illegality element has been recognized at the level of substantive law according to Article 1232 intheCivilCodeand Article 4 in the judicial interpretation. Combined with existing theory and practical experience, it is an appropriate choice for China′s legislative interpretation and judicature to admit the independence of illegality in punitive damages for ecological environmental tort. The German model itself provides an inclusive solution to the theoretical dispute between "illegality of result" and "illegality of conduct", that is, the two can coexist and be applied to different types of torts to achieve differentiated protection for rights and interests. Under the "dual structure" of ecological environmental tort liability intheCivilCode, the illegality of punitive damages for environmental private rights tort should adopt the theory of "illegality of result", and the illegality element of punitive damages for ecological environment damage liability should be understood as "illegality of conduct". Regarding the scope of "law" in the illegality element, the characteristic of "illegality of result" theory decides that there is no need to discuss the scope of "law". In the case of "illegality of conduct", the scope of "law" can be selected according to the legal hierarchy, so as to realize the dynamic adjustment of the applicable scope and the intensity of punitive damages for environmental tort.

ReflectionandAdjustmentofJudicialApplicationofAlternativeRemediation

ZHANGBao，YINJiawei

Abstract: Alternative remediation, a concept uniquely used in mainland China, aims at implementing the basic concept of a comprehensive restoration and realizing the gross balance of ecosystem services. In practice, however, there are several problems regarding the responsibility of alternative remediation such as ambiguity in definition, different rules in application, and uncertainty in ways of remediation. The primary cause is that the theory of traditional law of damages is still referred to determine the responsibility of eco-environmental remediation both in theoretical perspective and in practice, which leads to the misplacing between remediation and compensation and the sequences of each variety of remediation in law application. Based on the characteristics of eco-environment and ecosystem, eco-environmental restoration ought to be extended to that beyond the traditional scope of restitution in civil law. In theory, all damaged ecosystems can be restored.Thosedifficult to be directly restored can be alternatively remedied to achieve a dynamic balance and overall restoration of the regional ecosystem. Monetary compensation should be considered as a form of "the cost of restoration" instead of the compensation of value, which should be allocated separately in direct or alternative remediation as appropriate.

ReconstructionofJudicialPatternandPecuniaryEnvironmentalLiabilityOrder

YUYaojun,WANGLuyi

Abstract: Pecuniary environmental liability refers to the environmental legal liability that requires a certain amount of money from the legal property of the actor because of his behavior that has damaged or may damage the ecological environment. Through empirical analysis, our research found that the order form of China′s pecuniary environmental liability shows the characteristics of inferior civil liability and radical criminal liability, which leads to the double predicament of legal principle and effect. There has to be a systematic arrangement of the pecuniary order of environmental liability. According to the main function of legal liability, the pecuniary environmental liability can be divided into two types: compensation relief type and punishment deterrent type. The former includes homogeneous compensation for private interests, homogeneous compensation for public interests and performance costs of administrative compulsion; while the latter includes punitive damages for public and private interests, administrative fines and criminal fines. Following the legal logic of interest balance and the practical logic of function orientation, the program of order reconstruction is carried out from the two levels of the imposition and implementation of pecuniary environmental liability. At the level of liability enforcement, the compensation for ecological and environmental damage takes precedence over environmental civil and public interest litigation. At the level of liability performance, the compensation for environmental private interest takes precedence over punitive compensation for environmental private interest, then the compensation for environmental public interest, and finally, the priority of administrative fine, criminal fine or environmental public welfare punitive damages. In order to reconcile the contradiction between the ideal and the reality, we should set up a mechanism to redress and transit the dislocation of the pecuniary environmental liability.

JudicialDeterminationofEvidentialEffectivenessofEnvironmentalMonitoringDatainDigitalTransformationPeriod：BasedonEnvironmentalAdministrativeLitigationCasesfrom2015to2020

ZHOUWei

Abstract: Environmental monitoring in digital transformation period has the characteristics of diversified subjects, tools and forms. The inconsistency between self-monitoring data of enterprises and monitoring data of the environmental authorities often occurs. It is not only difficult to be compatible with theAdministrativeProcedureLaw, but also will affect the initiative of enterprises to undertake self-monitoring obligations. The sample analysis of environmental administrative litigation judgments involving disputes over the effectiveness of environmental monitoring data or reports from 2015 to 2020 shows that different courts have great difference in methods, intensity and standards of review. Judicial authorities should formulate guidelines for the judicial review of monitoring data, based on the dual structure of evidence effectiveness, and establish a two-staged review mode from formal review to comprehensive review, from evidence qualification review to proving ability review. In order to promote the standardization of adjudication and to improve environmental quality and quantity of public data production, the "substantive evidence standard" should be conditionally adopted to determine the appropriate intensity of review, and the diversified proof standard be applied according to different types of administrative acts.

HowdoesDigitalEmpowermentAffectGreenTransformationofEnterprises?AnalysisonDualInfluenceofGreenInnovationAbilityandOrganizationalInertia

PANChichun,WANGFei

Abstract: Green transformation improves the production environment of enterprises and is an important way for enterprises to achieve sustainable development. With the acceleration of the digitalization, digital empowerment has changed the business model and management model of enterprises, and has a certain impact on the transformation and upgrading of enterprises. However, there is little literature to explore the relationship between empowerment and green transformation of enterprises. Based on the resource arrangement theory, this paper constructs the impact mechanism model of authorization empowerment on enterprise green transformation, and explores its internal transmission mechanism and the regulatory role of organizational inertia. Based on the data analysis of 278 enterprises in China, the results show that: Digital empowerment and green innovation ability have a significant positive impact on enterprise green transformation; Green innovation capability plays a partial intermediary role in digital empowerment and enterprise green transformation; Organizational inertia has a negative regulatory effect on empowerment and green innovation ability. Based on the above research conclusions, this paper puts forward countermeasures and suggestions to effectively promote the green transformation of enterprises.

ResearchonRelationshipbetweenProactivePersonalityandEnvironmentalCitizenshipBehaviorofEnterpriseEmployees

YUETing，WENChen，CHENHong，LONGRuyin

Abstract: The introduction of China′s double carbon goals has set higher demands on the development of environmental protection in enterprises, and how to stimulate employees′ autonomous environmental behavior in the workplace has become an important issue for enterprises. Based on the influence of employee personality traits on employees′ workplace behavior, this paper explores the influence of employees′ proactive personality on their environmental citizenship behavior and introduces social identity theory to further explore the mediating role of organizational identity in it. With an analysis of 23 valid questionnaires, the empirical results show that: employees′ environmental citizenship behaviors differ significantly in terms of position level, personal income and education; the interaction of unit size and unit nature has a significant effect on employees′ environmental citizenship behaviors. Proactive personality can influence employees′ environmental citizenship behavior both directly and positively, and indirectly through the role of organizational identity. The findings of the study provide reference for improving environmental behavior within the company and green management of the company, and have positive practical implications for responding to China′s environmental protection measures.