地方其他生态环境标准:概念界定、规范检视与完善路径OA

Article 4 of the Administrative Measures for Ecological and Environmental Standards establishes the category of"other lo-cal ecological and environmental standards"but lacks corresponding regulatory provisions.This omission not only hampers the advance-ment of local ecological and environmental standard systems but also impedes the deepening of institutional reforms in their administra-tion.By examining the evolution of the concepts and framework of environmental protection standards,environmental standards,and ecological and environmental standards,this study defines"other local ecological and environmental standards"as technical require-ments established by provincial-level people's governments.These requirements address unified needs within ecological and environ-mental protection work that fall outside existing categories or arise from unforeseen circumstances.These standards are essentially cate-gorized as recommended standards—unless explicitly designated as mandatory by laws,administrative regulations,or State Council de-cisions.Their core purposes are threefold:to centralize governance of local ecological and environmental standards not fully enumerat-ed,to empower local authorities with greater vitality and autonomy in standard formulation,and to complement and develop local ecolog-ical and environmental standard systems.As a distinct category,it is inappropriate to simplistically equate them with other standards or interpret them as a broad central delegation to local governments.Viewed through the normative lens of"category,practice,and sys-tem,"these standards confront practical challenges,including ambiguous regulatory objects and unclear boundaries,overly simplistic regulatory mechanisms coupled with divergent perceptions,and deficiencies in normative logic alongside a lack of systematicness.To enhance their regulatory effectiveness,under the implementation background of the Ecological and Environmental Code,efforts should focus on the following:First,clarify the fundamental category of"other local ecological and environmental standards"by precisely de-fining their connotation and extension according to functional orientation,subsequently formalizing them through legislative amend-ment.Second,refine the regulatory approach by implementing a dual-track"general principles plus exceptions"system grounded in their clarified legal nature and by adhering to the logic of central-local interaction to foster a more unified local standard system.Third,improve the legislative framework supporting the standard systems in the ecological and environmental field,and strengthen the norma-tive framework for other local ecological and environmental standards.