Theoretical justification and legislative response of “Centre of Obligation” in environmental law
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    Abstract:

    Centre of Obligation Theory of environmental law is derived from the aspect of "Law Technology". It is different from "Obligation Standard Theory" which is derived from the aspect of "Law Value". "Centre of Obligation Theory" is neither ignorant of the subject's right nor regression to "Obligation Standard Theory". It is the most powerful protection and enforcement of environmental rights which means to improve the legal efficacy. The objective basis of "Centre of Obligation Theory" in environmental law is actually the objectivity of natural laws, the basal property of human's demand and specialty of environmental problem. In order to enhance the legal efficacy of environmental law by reforming the legislation of environmental law according to "Centre of Obligation Theory", China's environmental law need to reform legal theory and expand legislation path. The reform of legal theory has to be change from forcing by previous errors to precaution of predictable risks. The measures to expand legislation path on "Centre of Obligation Theory" in environmental law include appropriate allocation of each subject's environmental obligation, extension of active obligation contents, addition to fulfillment methods of environment obligation, and aggravation of legal results for violation of environment obligation.

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唐绍均,蒋云飞.环境法“义务重心”的理论证成与立法回应[J].重庆大学学报社会科学版,2016,22(2):139~145

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History
  • Received:November 20,2015
  • Revised:
  • Adopted:
  • Online: April 07,2016
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