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文章认为,当下,我国地方环境资源法治实践存在问题,如制度工具过于单一,参与主体缺位,环境法律与社会、经济、文化因素的嵌合关系不足等。埃莉诺·奥斯特罗姆基于“公共池塘资源”理论创造性地提出了多中心的治理模式,对公共资源的治理具有切实的指导意义,也为我国地方环境资源法治的发展与建设提供参考。我国现代环境法中民主理念的深入发展也在一定程度上孕育了多中心治理的理念,回应了“公共池塘资源”理论。具体而言,我国地方环境资源法治多中心治理模式的变革包括:明确多层次的治理安排、基于竞争与合作路径重新审视政府角色、发展公民环境权与企业发展权、完善地方环境资源法治中的行政机制、市场机制与社会机制。
The article holds that at present, there are some problems in the legal practice of local environmental resources in our country, such as the over-unity of institutional tools, the lack of participation in the main body, the lack of cooperation between environmental law and social, economic and cultural factors. Eleanor Ostrom creatively proposed a multi-center governance model based on the theory of “public pond resources”, which has practical guiding significance for the governance of public resources and also serves as a guideline for the development and construction of the rule of law of local environmental resources in our country for reference. The further development of the concept of democracy in modern environmental law in our country also gave birth to the concept of multi-center governance to a certain extent and responded to the theory of “public pond resources”. Specifically, the transformation of the multi-center governance model of the rule of law of local environmental resources in our country includes: clarifying multi-level governance arrangements, re-examining the role of the government based on competition and cooperation, developing the environmental rights of citizens and the right to business development, and perfecting the legal system of local environmental resources Administrative mechanism, market mechanism and social mechanism.