2022年10月5日下午，湖南师范大学法学院李爱年教授应邀为北京工业大学广大师生做了一场精彩的学术报告，题目是“论我国流域环境污染纠纷解决机制”，法律系主任谭柏平担任主持人，文法学部法律系的本科生、研究生以及部分教师参加了本次学术活动，复旦大学、武汉大学、厦门大学、云南财经大学、山东农业大学、西北大学、浙江传媒学院、新疆师范大学等全国其他高校的部分师生也莅临会议，参加本次学术活动的人数多达175人。法律系主任谭柏平担任主持人，活动由文法学部主办，法律系、法学学科人才协同培养实践基地承办。
On the afternoon of October 5, 2022, Professor Li Ainian from Law School of Hunan Normal University was invited to give a wonderful academic report On the Dispute Resolution Mechanism of Environmental Pollution in Watershed in China to the faculty members and students of BJUT. This event was presided over by Tan Baiping, Director of the College of Law of BJUT, and attended by undergraduates, postgraduates and some faculty members from the College of Law, Faculty of Humanities and Social Sciences. Some faculty members and students from Fudan University, Wuhan University, Xiamen University, Yunnan University of Finance and Economics, Shandong Agricultural University, Northwest University, Zhejiang Media College, Xinjiang Normal University and other colleges and universities in China also attended the event, with a total of 175 participants in this academic activity. This event was presided over by Tan Baiping, Director of the College of Law, sponsored by the Faculty of Humanities and Social Sciences, and organized by the College of Law and Practice Base for Collaborative Training of Legal Talents.
李爱年老师是湖南师范大学法学院二级教授、博士生导师，湖南省法学会环境资源法学研究会会长，中国环境科学学会环境法学分会副主任委员、中国自然资源学会自然资源法学研究会副主任委员。李老师的主要研究领域为环境与资源法学基础理论、生态保护补偿法制理论和流域环境法治理论，她主持了国家社科基金重大项目1项和重点项目2项，另外，还主持了省部级社科重大项目、重点项目多项，其领衔主讲的《环境与资源保护法学》获教育部首批国家级线上线下混合式一流课程。在环境法学界，李老师既是教学名师，也是学术大家，很有知名度和学术影响力。
Li Ainian is a second-level professor and doctoral supervisor of Law School, Hunan Normal University, President of Environmental Resources Law Research Association of Hunan Law Society, Vice Chairman of Environmental Law Branch of Chinese Society for Environmental Sciences and Vice Chairman of Natural Resources Law Research Association of China Society of Natural Resources. Her main research fields include the basic theory of environmental and resource law, the legal theory of ecological protection compensation and the legal theory of watershed environment. She hosted one major project and two key projects of the National Social Science Fund. In addition, she also hosted a number of provincial and ministerial major and key projects of social science. Law of Environment and Resource Protection led by her was listed in the first batch of national online and offline mixed first-class courses by the Ministry of Education. In the field of environmental law, Li is not only a famous teacher, but also an academic master, with great popularity and academic influence.
近年来，由于我国流域环境纠纷频发且类型愈益多样，国家重视“典型案例”对纠纷解决的指导作用，并先后颁布了一系列涉流域生态环境保护典型案例。在我国流域环境污染纠纷解决机制这一领域，李老师深耕多年，成果丰硕，在业界有口皆碑。
In recent years, due to the frequent occurrence and increasingly diverse types of environmental disputes in river basins in China, the state attaches importance to the guiding role of "typical cases" in dispute resolution, and has successively promulgated a series of typical cases involving ecological environmental protection in river basins. Li has been deeply involved in the field of dispute resolution mechanism for environmental pollution in watershed in China for many years and achieved fruitful results, and is well-known in the industry.
在本次报告中，李老师结合环境法理论与实际案例对流域环境污染纠纷解决机制这一内容进行了深入浅出的讲解，内容精彩纷呈。李老师归纳了我国流域环境污染纠纷解决机制组织体系已呈现的特征，即诉讼机制以两大“公益类”诉讼为中心、非诉机制以“磋商+商调+检察建议”为主导。同时也指出这一机制面临的发展困境，如诉讼格局未完全理顺、非诉体系效能未充分激发、“诉非”衔接程序未彻底通畅等。为此，李老师提出，未来应在充分认识并把握流域环境污染纠纷特点及流域环境污染纠纷解决机制“公益属性”的基础上，树立“流域处理”纠纷解决理念。
In this report, Li vividly explained the dispute resolution mechanism of environmental pollution in watershed in a simple way based on the theory of environmental law and practical cases. She summed up the characteristics of the organizational system of dispute resolution mechanism for environmental pollution in watershed, that is, the litigation mechanism is centered on two "public welfare" lawsuits, and the non-litigation mechanism is dominated by "consultation + transfer after negotiation + suggestion from prosecutorial organizations". In addition, she also pointed out the development difficulties faced by this mechanism, for example, the litigation pattern is not completely straightened out, the efficiency of the non-litigation system is not fully stimulated, and the convergence procedure of "litigation against non-litigation" is not completely smooth. Therefore, Li pointed out that in the future, on the basis of fully understanding and mastering the characteristics of watershed environmental pollution disputes and the "public welfare attribute" of watershed environmental pollution dispute resolution mechanism, the concept of "watershed treatment” shall be established for dispute resolution.
在互动环节，李老师针对师生提出的如流域环境污染诉讼的法律性质、提出诉讼的适格主体、制定统一的流域保护法的必要性等问题，与师生进行了深入的探讨与交流。
In the interactive session, Li had an in-depth discussion and exchange with faculty members and students on the issues such as the legal nature of watershed environmental pollution litigation, the proper subject of litigation, and the necessity of formulating a unified watershed protection law.
首都法律名家系列讲坛是文法学部“学艺讲堂”系列学术活动之一，本次学术活动是文法学部法律系开展的“学艺讲堂：首都法律名家讲坛第8讲”。 本讲坛将继续邀请法学理论界与实务界各类名家，为法学师生介绍法学界前沿理论与最新的司法实务问题，为培养高层次、复合型法律人才服务。
Capital Legal Expert Forum is one of the series of academic activities of "Xueyi Course" of Faculty of Humanities and Social Sciences. This academic activity is "Xueyi Course: Lecture 8 of Capital Legal Expert Forum" conducted by the College of Law, Faculty of Humanities and Social Sciences. This forum will continue to invite all kinds of famous experts in legal theory and practice to introduce the cutting-edge theories and the latest judicial practice issues in legal science to faculty members and students of law, so as to serve the training of high-level and compound legal talents.
文法学部法律系
College of Law, Faculty of Humanities and Social Sciences
2022年10月5日
October 5, 2022
