完善政府环境责任之对策研究

发布时间：2019-03-14 15:39

【摘要】：环境法有效性不足是当今中国环境法治实践中存在的突出问题,其中政府环境责任的不完善是造成环境法有效性不足最主要的原因。政府环境责任是指法律规定政府在环境保护方面的义务和权力以及因政府违反上述义务和权力的法律规定而应承担的法律后果。环境的公共性及政府地位的特殊性决定了政府环境责任的重要性。目前我国环境立法的数量不少,但对政府环境责任的规定还存在明显欠缺。《环境保护法》与相关法律法规的制定,在总体上体现出重政府环境权力轻政府环境义务,重政府环境主导轻公众环境参与,重对行政相对人的法律责任追究轻对政府的问责。由于政府环境责任的缺失造成政府公信力下降以及环境污染的顽疾久治不愈。政府不履行环境保护责任或履行环境保护责任不到位,已成为制约我国环境保护事业发展的严重障碍。从西方发达国家的立法和实践中,可以看出,要落实政府环境责任,重在制度约束。针对当前我国政府环境责任存在的问题,对比西方国家的相关立法与实践,从立足于本国基本国情的基础上,笔者认为要完善政府环境责任,首先就要增强政府环境责任意识,因为政府对于环境责任意识的强弱直接影响到环境治理的行为及其效果；其次,完善环境立法,主要更新立法指导思想和立法内容；第三,加强环境行政执法,使政府能有效地严格执法；第四,健全监督管理体制,防止政府在环境保护方面不作为或乱作为；第五,完善环境责任追究机制,以此来约束政府能更好地履行环境责任,并希望这些对策建议能够对我国相关领域的立法和司法实践提供有益的参考。
[Abstract]:The lack of effectiveness of environmental law is a prominent problem in the practice of environmental rule of law in China, in which the imperfection of government environmental responsibility is the main reason for the ineffectiveness of environmental law. The environmental responsibility of the government refers to the obligations and powers of the government in the field of environmental protection as well as the legal consequences due to the violation of the legal provisions of the obligations and powers mentioned above by the government. The public nature of the environment and the particularity of the government's position determine the importance of the government's environmental responsibility. At present, there are a lot of environmental legislation in our country, but there are still obvious deficiencies in the regulation of government environmental responsibility. The formulation of the Environmental Protection Law and related laws and regulations reflects the emphasis on the government's environmental power and the government's environmental obligations in general. Emphasis on government environment leading light public environmental participation, emphasis on the legal responsibility of the administrative counterpart, light accountability to the government. Due to the lack of environmental responsibility of the government, the credibility of the government decreases and the environmental pollution can not be cured for a long time. It has become a serious obstacle to the development of environmental protection in our country that the government does not fulfill the responsibility of environmental protection or that the responsibility of environmental protection is not in place. From the western developed countries' legislation and practice, we can see that to implement the government's environmental responsibility, we should lay emphasis on the system restriction. In view of the problems existing in our government's environmental responsibility, this paper contrasts the relevant legislation and practice of the western countries, from the basis of the basic national conditions of our country, the author thinks that to perfect the government's environmental responsibility, it is necessary to strengthen the consciousness of the government's environmental responsibility in the first place. Because the government's awareness of environmental responsibility has a direct impact on the behavior and effect of environmental governance; Secondly, improve the environmental legislation, mainly update the legislative guiding ideology and legislative content; third, strengthen the environmental administrative law enforcement, so that the government can enforce the law effectively and strictly; Fourthly, the supervision and management system should be improved to prevent the government from making inaction or inaction in the aspect of environmental protection; Fifthly, we should improve the mechanism of environmental responsibility investigation so as to restrain the government from carrying out environmental responsibility better, and hope that these countermeasures and suggestions can provide a useful reference to the legislation and judicial practice in the relevant fields of our country.
【学位授予单位】：中南林业科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68

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