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传统的环境执法是一种威慑模式,该模式认为应该加大企业环境违法的责任,通过制裁减少环境违法,提高环境保护的效果。这是一种对抗性的治理模式,存在一定的不足,应向环境合作治理模式发展。基于合作治理理念,政府可以利用环境守法导则的形式来引导企业的生产经营活动,促进企业环境守法,这样既减轻了环境保护成本,又提高了环境保护的绩效。作为一种新型环境治理模式,守法导则体现了其合作性和有效性的特点。当然,守法导则也需要重视其合法性问题,完善相关配套制度,保证其合法性和有效性。
Traditional environmental law enforcement is a deterrent model that considers it important to increase corporate responsibility for environmental violations and reduce environmental violations through sanctions to improve the effectiveness of environmental protection. This is a kind of adversarial governance mode, which has some shortcomings and should be developed to the mode of environmental cooperation and governance. Based on the concept of cooperative governance, the government can use the form of environmental compliance guidelines to guide the production and business activities of enterprises to promote environmental compliance, thus not only reducing the cost of environmental protection, but also improving the performance of environmental protection. As a new model of environmental governance, the law-abiding guidance embodies its characteristics of cooperation and effectiveness. Of course, the law-abiding guideline also needs to pay attention to its legitimacy issues, improve the relevant supporting system and ensure its validity and effectiveness.