共同但有区别责任原则在中国耕地保护中的运用

研究目的:借鉴国际环境法学中的共同但有区别责任原则,探讨此原则在中国耕地保护领域中的运用。研究方法:运用共同但有区别责任原则,结合中国耕地保护的具体实践进行分析。研究结果:耕地保护是全民共同的责任,但由于中国耕地保护外部环境的非均衡性和耕地保护机会成本损失差异决定了耕地保护的责任又必须是有区别的。同时,耕地保护共同但有区别责任是有机联系的统一整体,共同责任是该原则的基础,区别责任是对共同责任的限定,是贯彻该原则的关键。研究结论:为了使共同但有区别责任原则在耕地保护中得到更好地运用,在界定耕地保护共同但有区别责任的范畴基础上,提出了三大保障措施:(1)耕地保护区域的合理划分及其建设管理;(2)以耕地保护为契机,建立区域之间的协作与联动机制;(3)构建耕地保护外部经济效益的补偿机制,保障耕地保护的公平性。

Applying the Principle of Common but Differentiated Responsibility

The purpose of this paper is to learn from the principle of common but differentiated responsibility in the international environmental law in order to discuss the application of the principle in the field of farmland preservation in China. Method for the analysis is combining the concrete practice of farmland preservation in China with the principle of common but differentiated responsibility. The results indicate:（1）farmland preservation is a common responsibility in the whole of China;（2）the responsibility of farmland preservation shall be differentiated due to the unbalanced external environment of farmland preservation and the difference of opportunity cost of farmland preservation in different regions of China;（3）the common and the differentiated responsibilities of farmland preservation are organically integrated; （4）the common responsibility is the foundation of the principle of common but differentiated responsibility, while the differentiated responsibility is the restriction of the common responsibility and also the key for implementation of this principle. It is concluded that in order to improve the application of the principle of common but differentiated responsibility of farmland preservation, three main guarantee measures are put forward based on the category definition of the common but differentiated responsibility for farmland preservation:（1）feasibly divide the farmland preservation regions and manage its construction;（2）establish cooperation and linkage mechanism amongst regions using the opportunity of farmland preservation;（3）establish the compensation mechanism for external economic benefit of farmland preservation so as to maintain the fairness of farmland preservation.