OnTypesandFunctionsofJudicialApplicationofGreenPrincipleinTheCivilCode:AnAnalysisbasedonRelevantJudgments

GONGGu

Abstract: Relevant judgments have shown that there are at least five kinds of application of green principle in judicial practice. First, to understand the major premise and explain the legal rules in favor of environmental protection. Second, to judge the minor premise, and to make the identification of legal facts in favor of environmental protection. The third is to tailor the conclusion, responding to the claims based on environmental effect and reasonably determining the responsibility mode. Fourth, to supplement norms and fulfill the loopholes through environmentally friendly solutions. Fifth, pave the way for extension, strengthen and expand the environmental protection effect of the established judgment. The source of the judicial application of green principle lies in the incompatibility between modern civil law and the construction of ecological civilization, which has broad prospects and should be taken seriously.

OnMechanism,ProblemIdentificationandImprovementPathofEco-environmentalLegalSystemPilot

LIUXiaobing,DINGBin

Abstract: The eco-environmental legal system pilot is a method of institutional reform generated by gradualism reforming, which has become a powerful impetus for the rapid development of eco-environmental legal system in China and constitutes a unique "Chinese experience". The mechanism of such practice mainly includes solving mechanism, rectifying mechanism and diffusion mechanism, which can play a role separately or comprehensively. Up to now, the overall direction and method of the pilot is appropriate, and its role is huge, but there are also some problems, such as the legitimacy basis needs to be strengthened, the process control is not comprehensive enough, and the pilot project has deviation effect. The solutions lie in the comprehensive effect of multiple methods, and the most direct and effective way is to carry out "policy guidance and legal follow-up" regulation on the pilot projects: maintaining the basic requirements of formal rule of law and ensure the pilot projects are "based on law"; taking standardization as the goal to carry out pilot process reengineering; forming a broad institutional alliance to overcome the deviation effect of the pilot projects.

OnLimitationofPunitiveDamagesforEnvironmentalTortunderTheoryofInterpretation

ZHOUYongfei

Abstract:TheCivilCodehas introduced the article of punitive damages for environmental tort in Section 1232.However, its principle is easy to cause disagreement in application. Based on the logic thatTheCivilCodeis to adjust private interests, this paper argues that punitive damages should not be applied to ecological environment damage from three aspects of meaning, system and purpose, and propose the punitive damages clause of environmental tort should be limited to the private interest remedy of "personal injury". In view of the shortcomings of the existing provisions under the limitation, four aspects are further suggested to be optimized in the subsequent amendment or judicial interpretation: the subjective elements of constitution, the elements of damage result, the burden of proof of subjective faults and the standard of compensation.

CapitalismandDemocracyintheEraofClimateCrisis

KoheiSaito;translatedbyXIEZongrui,CHENShihua

Abstract: The special report issued by the United Nations Intergovernmental Panel on Climate Change (IPCC) highlights the severity and urgency of the climate crisis. Still, in essence, it has not escaped the need to rely on capitalist production methods and neoliberal economic development models to respond to the climate crisis. The measures that can be taken within the framework of the capitalist system to deal with climate change will not only inevitably fail but also exacerbate the inequality between different countries, classes, and races. This is determined by the basic system and underlying logic of the capitalist economy. The emergence of social thoughts represented by climate justice, just transition, and the Green New Deal, and the rise of the environmental movement show that climate change has become a great opportunity for profound reflections on and significant changes to capitalism. Only by thoroughly breaking the capitalist economic model, fundamentally negating the basic principles of operation of the capitalist social system, subsequently breaking the inequality of economy and social classes, and creating a freer and more equal society can we finally solve the problem of climate change.

StudyonInfluenceofRewardandPunishmentSystemonCollegeStudents′WasteClassificationAwarenessandBehavior

YANGLi,MIAOYunwei,CHENJianghua

Abstract: College students are an important group easily ignored in the research object of waste classification. Standardizing college students′ awareness and behavior of waste classification is one of the key links to effective implementation of waste classification. Based on the theory of planned behavior and from the perspective of reward and punishment mechanism of colleges and universities, this paper conducts a survey on students from typical colleges in Nanjing, and uses structural equation model to analyze and compare the impact of institutional punishment and economic reward on college students′ waste classification awareness and behavior. The results show that institutional punishment has a direct and significant positive impact on college students′ waste classification awareness and behavior, while economic reward has no direct and significant positive impact, but both can have an indirect positive impact on waste classification behavior through waste classification consciousness. In addition, the paper also analyzes the influencing characteristics of college students′ environmental attitude, subjective norms and perceived behavior control on garbage classification consciousness and behavior. Based on the above conclusion, it is suggested that university managers should take measures from three aspects: system norms, reputation mechanism and education guidance to further standardize college students′ garbage classification consciousness and help college students to form good waste classification behavior.

DiffusionofMandatoryHouseholdGarbageSortingProgram:AnEventHistoryAnalysis

TANGYing，TANShuxian

Abstract: Existing researches concerning the implementing effect of urban household garbage sorting program mainly focus on the garbage sorting behavior and governmental garbage sorting program design. Few studies have explained the local governmental policy adoption of garbage sorting program based on the theoretical perspective of policy diffusion. Taking the implementation of mandatory household garbage sorting program in 46 pilot cities as a case, this paper establishes an event history analysis model based on these pilot cities. We find that the diffusion of the mandatory household garbage sorting in each pilot city mainly depends on the policy preference and attention distribution of the local government officials. At present, there is no sufficient evidence to manifest that higher household garbage production will increase the chance for implementation. In addition, a city′s household garbage disposal capacity provides limited support for the government′s decision making of implementation. Thus, the program is greatly influenced by the policy preferences of the government officials, with reasons deep-rooted in China′s particular political incentive mode and personnel management system for cadres.

"QuasiPointSourceGovernance"ofAgriculturalNon-PointSourcePollution

GENGYanhu,XIATao

Abstract: Agricultural non-point source pollution is an important content of environmental governance in China, but it has become a difficult problem because of its dispersion, concealment and difficulty to monitor. In recent years, agricultural non-point source pollution governance in some areas of China has achieved good results. Qiao Town, Dali City, Yunnan Province is one of the representatives. The analysis of flue-cured tobacco planting governance cases in this region shows that the centralization of planting area, unification of business entities, internalization of supervision forms, and integration of prevention and governance means are the important governance experience. Based on the findings, this paper puts forward the governance idea of "quasi point source governance", that is, by reducing the production behavior management of agricultural operators in a designated area from "one to many" to "one to few" or "one to one", through the production systematization, we can realize the active self-supervision of agricultural producers, transform the complex agricultural non-point source pollution control into a more easily controlled "point source pollution" governance problem, and overcome the defects of poor governance effect of previous agricultural non-point source pollution governance tools."Quasi point source governance" of agricultural non-point source pollution is accord with the current trend of green industry, large scale of agricultural land and production systematization in China, and has popularization value.

GovernmentInstitutionalInnovationunderCarbonNeutralityGoal

WANGFeng，ANRuikun,ZHAOJingyi

Abstract: To face the ever-growing worldwide climate change challenges, many countries have already made their commitment and started their greenhouse gas emission reducing plans. Reviewing the "3060" target proposed by President Xi to the world in 2020, namely, to achieve carbon emission peak by 2030 and carbon neutrality by 2060, and to make institutional innovation in order to fulfil the target, this article first distinguishes the conceptual and intrinsic differences between carbon emission peak and carbon neutrality. A mode of low-carbon or zero-carbon with medium increase rate sustainable developing strategy is proposed to follow up the declaration of the target with consideration to China′s characteristics of macroeconomic development. Finally, based on the inevitable approach and the carbon neutrality target, this paper offers related suggestions to achieve government institutional innovation.

VisualAnalysisofHotSpotsandFrontiersofResearchonUrbanHeatIslandEffect:BasedonCiteSpaceClusterAnalysis

HUANGHuanchun,YANSiping

Abstract: With the intensification of global urbanization, the urban heat island effect is becoming increasingly severe. This paper integrated new research tools such as CiteSpace, and carried out quantitative research on literatures related to urban heat island effect. The current lack of research is mainly embodied in the observation method, description model and planning measures to reduce the urban heat island effect of green space. To provide reference for the relevant fields, it is also suggested that the direction of future research should focus on interdisciplinary methods, planning measures of green space.