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> 中国环境诉讼的十年荆棘路"China's courts fail the environment"
From my first trip to China I have been rather shocked at the weakness of the Chinese Central Government authorities in dealing with environmental disputes. While such authority is being robustly challenged in the US, for over 40 years it has been recognized that civil courts and local authority in general are not up to the task to defend people and the environment from hugely powerful polluting entities. Local governments naturally engage in a "race to the bottom" to encourage new industry to expand the tax base and as long as cleaning up pollution costs money and therefore reduce profits, those economic incentives will always trump local efforts to control pollution. Pollution damages innocent citizens in order to achieve profit in the same way that bank robbery damages account holders and society to the benefit of the criminal. This ethical equivalence must be recognized and pollution attacked as a criminal matter by a competent central authority that will enforce laws purely protective of citizens and the environment and thereby defeat the tendency for local governments to invite polluters in order to enhance tax revenues.
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初始发表语言 ORIGINAL POSTING LANGUAGE
tdeanxx
2012年1月17日11:24
17 Jan 2012 11:24
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中央政府的薄弱让人震惊
从我第一次来中国,我一直对中国中央政府机关在处理环境纠纷上的薄弱感到震惊。虽然这种权力受到了强有力的挑战,在美国,40多年来,人们已经认识到,一般的民事法庭和地方政府担当不起保卫环境的重任,与强大的环境污染大户作斗争。地方政府自然会搞一个“底部竞争”,以鼓励新产业,扩大税基。因此只要清理污染花费钱,并导致利润减少,这些经济诱因,将永远胜过当地治理污染的动机。通过污染损害无辜公民的利益,以实现经济利润,这种方式与抢劫银行对账户持有人与社会造成的损失无异。必须认识到这种等价的伦理关系。污染作为刑事犯罪,被中央主管机关惩处,从而保护公民和环境,从而改变社会上让地方政府邀请污染企业以提高税收的不良倾向。
Surprising weakness of the Central Government
From my first trip to China I have been rather shocked at the weakness of the Chinese Central Government authorities in dealing with environmental disputes. While such authority is being robustly challenged in the US, for over 40 years it has been recognized that civil courts and local authority in general are not up to the task to defend people and the environment from hugely powerful polluting entities. Local governments naturally engage in a "race to the bottom" to encourage new industry to expand the tax base and as long as cleaning up pollution costs money and therefore reduce profits, those economic incentives will always trump local efforts to control pollution. Pollution damages innocent citizens in order to achieve profit in the same way that bank robbery damages account holders and society to the benefit of the criminal. This ethical equivalence must be recognized and pollution attacked as a criminal matter by a competent central authority that will enforce laws purely protective of citizens and the environment and thereby defeat the tendency for local governments to invite polluters in order to enhance tax revenues.