Abstract

TheThreeDimensionsoftheInterpretationof"theChineseModernizationCharacterizedbyHarmoniousCoexistencebetweenManandNature"

HUANQingzhi,MIAOXulin

Abstract:The "ecological view" of the theory of Chinese modernization,the "ecological dimension" of the theory of socialism with Chinese characteristics (modernization development),and the "worldview methodology implication" of the Xi Jinping′s Thought on Ecological Civilization constitute the three main theoretical dimensions on which the topic or concept of "the Chinese modernization with harmonious coexistence between man and nature" is based:the perspective of "ecological view of Chinese modernization" can highlight or emphasize the characteristics of the "big (macro) ecological view" of the topic or concept of the Chinese modernization harmonious coexistence between man and nature,requiring greening or reconstructing the relationship between man and nature in modern society from the sense of society (civilization) as a whole and subject consciousness; the goal pursuit and mass mobilization of the "ecological" standard is the symbolic aspects or dimensions of the theory of socialism with Chinese characteristics (modernization development),therefore,based on this perspective,it is easier to understand and clarify the implications of the topic or concept of Chinese modernization with harmonious coexistence between man and nature,the comprehensive green transformation of economic society or the creativity of new civilization form; The interpretation from the perspective of the worldview methodology of the Xi Jinping′s Thought on Ecological Civilization can provide rich political imagination space and normative power for the topic or concept of the Chinese modernization with harmonious coexistence between man and nature in both theoretical understanding and practice.

OntheEmbodimentof"SixRequirements"inXiJinping′sEcologicalCivilizationThought

ZHOUXiangjun,TONGChengshuai

Abstract:The world outlook and methodology of Xi Jinping′s ecological civilization thought is the theoretical and philosophical essence of the thought,as well as its deep connotation,its highly condensed viewpoints and methods,whose essence in turn is concentrated in the systematic generalization of "Six Requirements":i.e.to insist that people first is the value position; self-confidence and self-reliance is the distinctive attitude; right innovation is the essential requirement; problem-oriented is the ideological character; systematic concept is the thinking method; and keeping the world in mind is the pattern vision of ecological civilization theory.As a systematic scientific world outlook and methodology,the "Six Requirements" inner control of the logical emergence,system establishment,and innovative development of Xi Jinping′s ecological civilization thought,truly reflects the empirical law of Chinese Communists in promoting the construction of ecological civilization,and vividly interprets the scientific Marxist ecological view of Chinese Communists.In-depth study and discussion of its essence is of great significance for continuing to promote theoretical innovation of ecological civilization based on practice under the current conditions and continuously writing a new chapter of Chinese-style modernization featuring harmonious coexistence between man and nature.

SystematicLogicofIntegratedProtectionofMountains,Rivers,Forests,Fields,Lakes,Grasslands,andSand

ZHANGLimin,LIUXigang

Abstract:Systematic logic is the fundamental prerequisite for us to deeply grasp the essence of the connotation of "integrated protection of mountains,rivers,forests,fields,lakes,grasslands,and sand”.From the perspective of systems theory,Integrated protection of mountains,rivers,forests,fields,lakes,grass and sand is a significant innovation in the process of modernization of harmonious coexistence between humans and nature in the new era,reflecting the triple positioning of this systematic proposition,being an organic unity of ecological system theory,party system view,and ecological environmental protection policy system theory,reflecting important values and meanings.The systematic and specific content of integrated protection of mountains,waters,forests,fields,lakes,grasslands,and sands,is concentrated in the three major concepts of "natural life community","human and natural life community",and "community with a shared future between humans and nature".Under the guidance of systematic logic,the integrated protection of mountains,rivers,forests,fields,lakes,grasslands,and sands needs to strengthen the overall protection based on the unity of two point theory and key point theory,promote complementary advantages of natural restoration and artificial restoration,promote the organic integration of scientific and technological methods and advanced concepts,adhere to the coordination and unity of ecological environmental protection and people′s livelihood satisfaction,and promote the shared responsibility of ecological protection and governance actions.

ACriticalAnalysisontheApplicationofCarbonSinkSubscriptionsinEnvironmentalCriminalAdjudication

DUQun,SUNJing

Abstract:The application of carbon sink subscriptions in criminal adjudication have been actively carried out in some Primary People′s Courts.By analyzing environmental criminal cases where carbon sink subscriptions were applied,the following problems were identified:lack of substantive criminal law,contradictions in application,lack of carbon sink methodological procedures and ect.In criminal adjudications,measures in relation to carbon sinks need some improvements.Firstly,the carbon sinks should have the nature to fulfill Nationally Determined Contributions,and as incremental carbon sinks to reflect the punitive nature of criminal sanctions.Secondly,the application of carbon sinks should comply with carbon sink methodologies to ensure procedural legitimacy.Key measures include:to establish a standardized system for measuring the loss of carbon sinks,to follow the statutory sequence orders of alternative remediation measures.Notably,the application of forestry carbon sinks in the criminal adjudications should follow the methodological requirements of China′s CCER projects with regard to the development,monitoring and certification of carbon sinks.

PracticalReflectionandInstitutionalAdjustmentontheApplicationof"LeniencyBasedonCarbonSinkSubscription"inEnvironmentalCriminalJudicial

JINZining,SONGYangyi

Abstract:The mechanism of "Leniency Based on Carbon Sink Subscription" is an innovation in environmental criminal judicial practices to address the shortcomings of traditional penalties in dealing with environmental crimes,and it is also beneficial for assisting in achieving the "Dual Carbon" goals.However,due to the lack of specific legal basis,related criminal justice practices have encountered issues such as vague positioning,unclear scope of application,unspecified restoration purposes,and inappropriate leniency scales,posing risks of abuse.From a normative evaluation perspective,"Carbon Sink Subscription" serves the functions of restoration,education,and promotion of public welfare.Therefore,the leniency measures can be justified,interpreted as grounds for non-punishment under the Criminal Law,and as discretionary sentencing considerations.Considering the current application status in environmental criminal justice practices and the legislative policy orientation,the system of leniency based on peccavit can serve as a reference for the application of "Leniency Based on Carbon Sink Subscription".At the same time,specific application rules should be clarified by taking into account the characteristics of environmental crimes and the mechanisms of "Carbon Sink Subscription".

TheImplemantationPathofCivilReliefforDamagetoNaturalResourceAssetsOwnedbytheState

LIZhiping,QINXuanyu

Abstract:The right of the state,as the owner of all natural resource assets,to claim compensation for damages has been in a dormant state for a long time in judicial practice.Traditional compensation for property infringement damages and ecological environment damages are difficult to achieve comprehensive relief for damage to the ownership of all natural resource assets.Compared to traditional ownership in civil law,the ownership of natural resource assets owned by the general public has many special characteristics.Therefore,the relief of damage to natural resource assets owned by the general public should be positioned as a special private right relief,and limited public welfare expansion of compensation for damage should be carried out from the perspective of special ownership.Exploring the possibility of ecological and environmental public interest relief attached to the relief of damage caused by the ownership of all natural resource assets as the right basis for the relief of damage caused by the ownership of all natural resource assets.Standardize the types of remedies for compensation for damage to natural resource assets owned by the whole population,clarify the subject of the claim,clarify the scope of compensation for damage,improve public welfare relief procedures,and properly handle their relationship with related litigation.

OnSpecializationofJusticeConcerningWatershedEcologicalEnvironment:Foundation,ExperienceandDevelopment

XIAOAi,TANGShihao

Abstract:The basin ecological environment is characterized of unity of opposites,such as wholeness and regionality,stability and dynamics,commonness and difference,which are not only natural,but also social and humanistic.These characteristics become the system foundation of the specialization of justice concerning watershed ecological environment.The purpose of the specialization is to protect the wholeness and system of the watershed ecological environment,to promote the consistency of the judicial scale,and improve its judicial quality and efficiency.The specialization should be developed on the basis of traditional practice,and should sum up and absorb practical experience.In view of its practical deficiencies,it should adhere to the systematic concept of systematic thinking,prudently set up specialized judicial institutions based on the principle of necessity,optimize the centralized jurisdiction system of ecological environment cases concerning watershed ecological environment,and avoid mixing it with the "watershed-like justice concerning watershed ecological environment".Implement "procedural Mosaic" and limited "multi-trial integration" trial mechanism,take judicial cooperation as an important part of the specialization mechanism,and constantly optimize its operation.

TheBlackBoxDeconstructionoftheDigitalEconomyPromotingGreenInnovationinHigh-techIndustries:BasedontheAnalysisofThresholdEffectofEffectiveGovernmentandEfficientMarket

LIUHedong,ZHANGJun

Abstract:This paper incorporates the digital economy,effective government,and efficient market into a unified analysis framework,analyzes their respective impact mechanisms on green innovation,constructs a threshold model,collects relevant data of high-tech industries in 30 provinces,autonomous regions and municipalities directly under the central government (except Xizang) in China from 2011 to 2021,and measure the efficiency of green innovation,and analyze the impact of digital economy,effective government and efficient market on green innovation efficiency,and the results show that:First,there is a significant positive impact between digital economy and green innovation efficiency.However,there is a nonlinear "U" threshold effect on the efficiency of green innovation in different development periods.Second,in vertical dimension,effective government in regulating the digital economy to improve the efficiency of green innovation is significantly positive in the early and late stages,and not significantly positive in the medium term; The effect of efficient market regulation of digital economy to improve the efficiency of green innovation is not significantly negative in the early stage,significantly positive in the middle and late stages,and the margin increases.Three,in transverse dimension,"Effective government,efficient market,synergy of effective government and efficient market" leads the adjustment of the digital economy in the early,middle and late stages respectively to improve the efficiency of green innovation.Four,the regional coordination level between the effective government and the efficient market can be divided into:government and market are double-high,government and market are double-low,effective government strengthening,and efficient market strengthening.Based on this,it is necessary to promote the development of the digital economy to improve the efficiency of green innovation.Give full play to the positive role of effective government and efficient market in regulating the digital economy and enhancing green innovation; At the same time,combined with the leading role of the government and the market in different periods,according to the level of synergy between effective government and efficient market in different regions,adopt targeted and differentiated countermeasures,and choose appropriate resource allocation methods to effectively improve the efficiency of green innovation.