对我国环保民间组织发展环境的法社会学审视
点击数：5 更新时间：2024-04-15
市场机制和政府机制是近现代以来各国经济和社会发展中最常用的组织和制度工具。古典自由经济学认为市场是一种运作精巧、成本低廉且效益最佳的机制，能有效调节经济运行和各个经济主体的活动。然而，市场却无法自动达到帕累托最优状态，在国民经济的综合平衡、外部效应、公共物品、社会分配、限制垄断、抑制经济波动以及信息的不充分和不对称等方面往往失灵。
经济危机使人们认识到市场的局限性，并为政府干预提供了基础。政府干预对市场失灵起到了一定的矫正和弥补作用，但人们也逐渐认识到，政府同样无法解决一些市场无法解决的问题，而且政府的行政运行成本巨大，导致对政府的信任危机。政府失灵主要有以下几个原因：
（1）在官僚机构中，缺乏同种公共物品的竞争。缺乏竞争意味着缺乏动力，从而降低了公共部门的效率。
（2）官僚们和普通经济人一样，是理性自私的人，他们具有扩张官僚机构规模、追求预算最大化的倾向。
（3）政府官员追求自身利益而非公共利益，这使得政府行为和公共利益之间存在很大的差异。
（4）由于官僚机构的低效率，特别是由于广泛的私人利益的存在，政府要获得全面准确的经济信息十分困难，因而政府大都在信息不完全状况下进行决策。
（5）公共决策的时滞，如认识时滞、执行与生效时滞等，使政府政策难以快速跟踪不断变化的情况。
环保民间组织作为一种新兴事物，其发展受到包括法律环境在内的多方面制约。为了给环保民间组织提供一个适宜的存在空间，需要进行理论上和实践上的研究。
近年来，我国环保民间组织的发展壮大不仅是一个客观事实，也成为一种趋势。然而，目前我国环保民间组织面临着一些问题和挑战。这些问题主要包括：
（1）法律环境不成熟：我国现行有关环保民间组织的法律规定存在一些缺陷，无法完全适应环保民间组织的需求。
（2）资源匮乏：环保民间组织在经济上面临着资源不足的问题，限制了其发展和影响力。
（3）社会认可度不高：由于缺乏权威认证和监管机构的支持，一些环保民间组织在社会上的认可度较低。
针对我国现行有关环保民间组织的法律规定存在的缺陷，需要进行改进和完善。法律应当将整个社会的经济政治状况纳入自己的视野，更好地让法律在环保民间组织发展和环境保护事业中发挥作用。具体而言，可以从以下几个方面进行改进：
（1）完善法律法规：制定更加完善的法律法规，明确环保民间组织的地位和权益，为其提供更好的法律保障。
（2）加强监管和认证：建立权威的监管机构和认证机构，对环保民间组织进行监督和认可，提高其社会认可度。
（3）促进资源支持：加大对环保民间组织的资源支持力度，提供更多的经济和人力资源，促进其发展和影响力的提升。
环保民间组织作为一种新兴力量，在我国社会中发挥着重要的作用。然而，其发展受到法律环境等多方面的制约。为了给环保民间组织提供一个适宜的存在空间，需要改进和完善现行的法律规定，加强监管和认证，促进资源支持。只有这样，环保民间组织才能更好地发挥作用，为环境保护事业做出更大的贡献。
环保民间组织；第三部门；现代公民社会理念；法律环境
Legal sociology research focuses on the legal issues in society and the social questions related to law. In our country, there are many legal matters concerning the folk organizations of environmental protection, which are not only legal matters but also social questions. This article first explains the basis of the existence of environmental protection folk organizations from the perspectives of the rise of the third sector and the modern idea of citizen society. Then, by investigating the current situation of environmental protection folk organizations in our country, it analyzes the problems they face and the legal environment they operate in. It particularly highlights the flaws in the current legal provisions related to environmental protection folk organizations in our country, and suggests that the law should consider the overall socio-economic and political conditions and play a better role in the development of these organizations and the cause of environmental protection.
Folk organization of environmental protection; Third department; Modern idea of citizen society; Legal environment
2007
The development of modern socio-economic and political conditions has led to the rapid growth of the third sector, resulting in a global "associational revolution" in the late twentieth century. Among them, environmental protection organizations have become a powerful force. With the reform of the political and economic system, our country has also inevitably been influenced by this trend. In recent years, the development and growth of environmental protection folk organizations in our country have not only been an objective fact but also a trend. However, as a new phenomenon, its growth is constrained by various factors, including the legal environment. In order to provide it with a suitable space for existence, research is needed from both theoretical and practical perspectives.
The market mechanism and the government mechanism are the most commonly used organizational and institutional tools in the economic and social development of various countries since modern times. Classical liberal economics believes that the market is a well-functioning, low-cost, and most effective machine that effectively regulates economic operations and the activities of various economic entities. However, the market cannot automatically achieve Pareto optimality. It often fails in terms of the comprehensive balance of the national economy, external effects, public goods, social distribution, monopoly restrictions, economic fluctuations, and insufficient and asymmetric information. The economic crisis has made people realize this and provided a basis for government intervention. It should be said that government intervention plays a certain corrective and remedial role in market failure. However, people have also gradually realized that the government cannot solve the problems that some markets cannot solve, and the administrative costs of the government are astonishingly high, leading to a crisis of trust in the government. The failure of the government is mainly caused by several reasons:
(1) There is no competition for the same public goods in bureaucratic institutions. The lack of competition means a lack of motivation, which reduces the efficiency of the public sector.
(2) Bureaucrats, like ordinary economic agents, are rational and selfish individuals who have a tendency to expand the size of bureaucratic organizations and pursue budget maximization.
(3) Government officials pursue their own interests rather than the public interest, which leads to a significant difference between government behavior and the public interest.
(4) Due to the inefficiency of bureaucratic institutions, especially due to the existence of widespread private interests, it is very difficult for the government to obtain comprehensive and accurate economic information, so the government mostly makes decisions under conditions of incomplete information.
(5) The time lag of public decision-making, such as the lag of recognition, execution, and effectiveness, makes it difficult for government policies to keep up with constantly changing situations.
In recent years, the development and growth of environmental protection folk organizations in our country have not only been an objective fact but also a trend. However, at present, environmental protection folk organizations in our country face some problems and challenges. These problems mainly include:
(1) Immature legal environment: The current legal provisions related to environmental protection folk organizations in our country have some flaws and cannot fully meet the needs of these organizations.
(2) Lack of resources: Environmental protection folk organizations face the problem of insufficient resources, which limits their development and influence.
(3) Low social acceptance: Due to the lack of support from authoritative certification and regulatory institutions, some environmental protection folk organizations have low social acceptance.
In response to the flaws in the current legal provisions related to environmental protection folk organizations in our country, improvements and enhancements are needed. The law should consider the overall socio-economic and political conditions and play a better role in the development of these organizations and the cause of environmental protection. Specifically, improvements can be made in the following aspects:
(1) Improve laws and regulations: Develop more comprehensive laws and regulations, clarify the status and rights of environmental protection folk organizations, and provide better legal protection for them.
(2) Strengthen supervision and certification: Establish authoritative regulatory and certification institutions to supervise and recognize environmental protection folk organizations, and improve their social acceptance.
(3) Promote resource support: Increase support for environmental protection folk organizations in terms of resources, provide more economic and human resources, and promote their development and influence.
Environmental protection folk organizations, as an emerging force, play an important role in our country's society. However, their development is constrained by various factors, including the legal environment. In order to provide a suitable space for the existence of environmental protection folk organizations, improvements and enhancements are needed in the current legal provisions, supervision and certification, and resource support. Only in this way can environmental protection folk organizations better play their role and make greater contributions to the cause of environmental protection.
Folk organization of environmental protection; Third department; Modern idea of citizen society; Legal environment
2007