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环境告发在我国已经成为一项法定制度,但既有的各层级立法过于抽象,缺乏可操作性,有关该制度的理论研究也并不充分。国外以组织语境下的内部告发为重点的制度设计由其法治传统和本国国情决定,与我国既有制度和现实国情并不完全适应。我国理想的环境告发立法应当坚持广义的告发标准,并以告发的完整流程为逻辑线索,重点关注内部人告发与外部人告发,内部告发与外部告发,实名告发与匿名告发,善意告发与恶意告发,合格告发、瑕疵告发以及虚假告发等核心要素之间的区别。在中央层面制定告发基本法的条件尚未成熟的背景下,地方立法对于环境告发有着重要的探索作用。
Environmental reporting has become a statutory system in our country. However, the existing legislation at all levels is too abstract and lacks maneuverability. Theoretical research on this system is not sufficient either. The system design of foreign countries focusing on the internal reporting under the organizational context is determined by their tradition of rule of law and their own national conditions and not fully adapted to the existing system and reality of our country. China’s ideal environmental reporting legislation should adhere to a broad standard of notification, and the entire process of notification as a logical clues, with focus on internal and external information disclosure, internal and external information disclosure, real name and anonymous reporting, good information and malicious reporting , The difference between the core elements of a qualified announcement, a defective announcement, and a false announcement. Under the background that the conditions for the promulgation of the Basic Law at the central level are not yet ripe, the local legislation has an important exploration role in environmental reporting.