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我国完成了环境与资源立法的系统建设,基本实现了环境资源保护的有法可依,但环境执法难问题十分突出,究其原因与立法系统、行政系统、司法系统及守法系统密切相关。要解决现实环境执法难问题,必须针对社会转型期的特点和规律,在执法活动中与时俱进地引入成本管理概念,引入市场机制,使执法主题、规制对象及司法救济对象在市场利益性的驱动下产生法律博弈,在法律关系中以各自的成本目标和效用函数进行决策,从而实现法律行为决策的均衡和环境法律效应的最大化。
China has completed the systematic construction of environmental and resource legislation and basically realized the legal basis for the protection of environmental resources. However, the difficult issue of environmental enforcement is very prominent. The reasons are closely related to the legislative system, administrative system, judicial system and law-abiding system. In order to solve the difficult problem of law enforcement in the real environment, we must introduce the concept of cost management in the process of law enforcement in order to introduce the concept of cost management into the law enforcement activities, introduce the market mechanism so that the subject of law enforcement, the object of regulation and the object of judicial remedy in the market interest Driven by the law to produce legal games in the legal relationship with their own cost objectives and utility functions to make decisions in order to achieve a balanced legal behavior decision-making and environmental legal effects maximize.