试论我国环境刑事政策

我国正在建设“资源节约型、环境友好型”社会。“两型”社会的建设目标就是保护环境和资源。这就需要我们运用各种手段，采取各种措施，加大保护环境资源的力度。政策手段是一个主要的调控杠杆，环境刑事政策作为运用刑法手段控制环境违法行为和惩治环境犯罪的策略和方针，近年来在环境资源保护方面发挥的作用越来越大。环境刑事政策既是刑事政策，也是环境政策，既是立法政策、司法政策，也是执行政策，理论上对环境刑事政策进行研究，可以指导决策机关制定符合“两型”社会建设需要的方略，进而更好地运用刑事手段保护环境和资源。     

Sustainability Policy and Environmental Policy

A theoretical, representative‐agent economy with a depletable resource stock, polluting emissions and productive capital is used to contrast environmental policy, which internalises externalised environmental values, with sustainability policy, which achieves some form of intergenerational equity. The obvious environmental policy comprises an emissions tax and a resource stock subsidy, each equal to the respective external cost or benefit. Sustainability policy comprises an incentive affecting the choice between consumption and investment, and can be a consumption tax, capital subsidy or investment subsidy, or a combination thereof. Environmental policy can reduce the strength of the sustainability policy needed. More specialised results are derived in a small open economy with no environmental effects on utility.     

Business incentives for sustainability: a property rights approach

Public and private demands for sustainable development put pressure on firms to develop strategies that include environmental concerns. Environmental effects from products often appear as externalities, outside the legal boundary of the producing company. These companies often possess the best competence to optimise the total life cycle environmental performance of its products. They are, however, neither obliged nor stimulated enough by policy incentives to do so from a sustainable development perspective. The policy instruments used today are mostly of a control-and-demand type, i.e. they do not create sufficient incentives to go further than hedging over set requirements. Environmental concerns and tightened environmental policy parameters have mostly been associated with the notion of additional costs and thus a restriction on economic performance. However, since the mid 1990s, several papers have called for corporate win–win situations as well as instruments giving up-stream incentives for change, but not enough abatement of environmental impacts has emerged in reality. Perhaps this is due to the lack of proper connection between economic theory on the one hand, and incentive advocating articles and instruments on the other. We propose a concept for trading of product life cycle (PLC) emission rights, based on property rights and transaction cost theories considering the problem with asymmetric information over the value chain. The initial financial impacts from such PLC instruments are shown to be significant for the system provider, since emissions—and resource use—become production costs. This provides economic incentives to take an increased responsibility for information flow as well as initiatives for product innovations.     

排污权交易政策对企业环保行为的传导机制研究

从企业的目标函数和生产函数两个角度出发,分析了排污权交易政策对企业环保行为的影响机理,并讨论了排污权交易政策下企业的环保行为选择。研究发现：排污权交易政策通过影响企业的资本要素分配,从而影响企业环境资源的使用成本,进而影响企业的生产和环保行为决策;在排污权交易政策的作用下,企业主要采取不同的污染治理投资策略来满足该政策的规制。基于此,政府应制定配套政策和措施,引导企业沿着“政策遵从—环保投资策略—新环保技术采纳”的行为选择路径进行行为决策,以实现排污权交易政策的目标。     

Stimulating different types of eco-innovation in the UK: Government policies and firm motivations

In this paper, we adopt a recent OECD framework and examine the role of external policy tools and internal firm specific factors for stimulating three different types of eco-innovations that range on a spectrum of lower to higher technological and environmental impacts: End-of-Pipeline Pollution Control Technologies, Integrated Cleaner Production Technologies and Environmental R&D. Using a novel firm-level dataset from a DEFRA survey, we estimate a Tobit model, which provides empirical evidence showing that these eco-innovations are motivated by different external policy tools and internal firm specific factors. Our findings indicate that End of Pipeline Technologies and Integrated Cleaner Production Technologies are mainly driven by equipment upgrade motives with a view of improving efficiency while environmental regulations are effective in stimulating the End-of-Pipeline technologies and Environmental R&D. Interestingly, alongside government induced regulations, we find that market factors, mainly motivated by cost savings, are effective in driving Environmental R&D. Finally, ISO14001 certification is effective in strengthening the positive impact of environmental management systems on both End-of-Pipeline technologies and Environmental R&D while CSR policies have no significant impact on motivating any of the eco-innovations.     

Embedding environmental innovation in local production systems: SME strategies,networking and industrial relations: evidence on innovation drivers in industrial districts

Technological innovation is a key factor for achieving better environmental performances. Its role is even more relevant in local productions system, where innovation density, knowledge spillovers and externalities are concentrated in a circumscribed territory. The paper exploits new data for a sample of manufacturing firms in Northern Italy. New evidence is provided by testing a set of hypotheses, concerning primarily the role of environmental‐devoted R&D, networking activities, quality/nature of industrial relations. The role played by environmental policy pressure, structural firm features and past firm performances is also investigated to account for more exogenous forces. We show that structural characteristics of the firm appear to matter less than R&D, induced policy costs and innovative‐oriented industrial relations. Environmental auditing schemes also show some relevant correlation to innovation adoptions. R&D efforts appear to be associated to networking activities, which substitute for size‐related economies of scale. Overall, endogenous factors driven by firm strategy or local idiosyncratic features matter more than exogenous and structural firm factors.     

Motivation crowding‐out and green‐paradox‐like outcomes

We analyze the effectiveness of environmental policy in a framework in which households’ utility is determined by both private and social components, representing their extrinsic and intrinsic motivations to undertake green actions, respectively. Environmental policy, in the form of a subsidy aiming to incentivize the adoption of a green technology, on the one hand, directly increases households’ extrinsic motivation, while, on the other hand, indirectly decreases their intrinsic motivation. We show that, provided that the indirect effect dominates, the policy leads to crowding‐out of intrinsic motivation which ultimately undermines the effectiveness of the policy itself. Specifically, despite its positive effect on environmental outcomes in the short run, the policy will lead to a deterioration in long‐run environmental outcomes, giving rise to a reverse green‐paradox‐like outcome. Moreover, even in the case in which the direct effect dominates, provided that the indirect effect is large enough, the policy will generate a deterioration in short‐run environmental outcomes. These results clearly suggest that the optimal design of environmental policy is particularly complicated since it requires to take into account also its effects on intrinsic motivation.     

环境创新税收政策解构与重构：由单一工具转向组合工具

税收政策工具内置的行为诱导、社会公平、经济发展等性能，使其成为激励环境创新的重要手段。税收政策工具可以解构出环境税与税收优惠两大核心政策工具。其中，环境税将污染行为的外部成本内部化，向企业传递价格压力信号，迫使其作出缴税、减产抑或投入环境创新的抉择，本质上是一种反向压力工具；税收优惠则是一种正向鼓励工具，以减轻税负的方式将应收税款让渡于创新研发，将污染企业向投入环境创新的方向引导。两个政策子工具虽然作用机制相反，但政策目标一致，通过科学、精细的税制设计，实现不同政策功能协同互补，以发挥组合工具“1+1＞2”的政策效应，最大化提升企业环境创新积极性。此外，还应统筹税收政策工具与其它政策工具的组合使用。     

Climate change—environmental and technology policies in a strategic context

There are a number of features of climate change which make it one of the most challenging problems confronting policy makers and policy analysts. In this paper we consider three such features: (i) climate change is a global pollutant so there are strategic interactions between governments over climate policy; (ii) cutting greenhouse gas emissions can have significant cost effects across a number of sectors of the economy, raising concerns about the implications of climate change policy on competitive advantage; (iii) the long-time scales on which climate change operates means that an important dimension of climate change policy is policy towards R&D to cut the costs of dealing with climate change. In Ulph and Ulph (1996) [Ulph A, Ulph D (1996) In: Carraro C, Katsoulacos Y, Xepapadeas A (eds) Environmental policy and market structure. Kluwer, Dordrecht, pp 181–208] we presented a model to analyse these issues, but considered only environmental policies. In this paper we extend that analysis to allow for both a richer set of policy instruments (environmental and technology policies) and a richer strategic context.     

Environmental policy and growth when inputs are differentiated in pollution intensity

Environmental policy affects the distribution of market shares if intermediate goods are differentiated in their pollution intensity. When innovations are environment-friendly, a tax on emissions skews demand towards new goods which are the most productive. In this case, the tax has to increase along a balanced growth path to keep the market shares of goods of different vintages constant. Comparing balanced growth paths, we find that tightening the policy stance spurs innovation, because it increases the market share of recent vintages, and promotes environment-friendly technological progress. As a result the cost of environmental policy in terms of slower growth is weaker.