Study On Government Environmental Responsibility Of China In Environmental Governance

Environmental problem is a big problem which bothers human beings, and our country is no exception. For a long time, China achieves economic growth based on "high input, high consumption of resource and high environmental pollution".Although we have improved our economic strength rapidly to be the world’s second largest economy, we paid a huge price.In order to solve the problem of environment, there developed the government regulation mode, but the results led to government failure; in order to overcome government failure, there came the market regulation mode, but the double failure of the government and the market happened; based on public governance theory,environment’s multiple governance mode is to overcome the government and the market failure to solve the environment problem, but it still faces the risk of governance failure. Thus environment metagovernance and environment good governance theory arise to avoid governance failure. Both environment metagovernance theory and environment good governance theory require governments to go back to governance to shoulder the governance responsibility.And then governments’ environmental responsibility is the key to ensure environment metagovernance and environment good governance, so as to avoid environmental governance failure.Government environmental responsibility theory is mainly based on public goods theory, principal-agent theory, public choice theory, environmental right theory and responsible government theory. Government environmental responsibility includes the primary responsibility of government, namely government environmental duty, the secondary responsibility of government, namely government environment legal liability.Based on the concept of service-oriented government to deep our comprehension, government environmental duty includes government environmental duty with no corresponding power. The design of government environmental duty mainly includes two aspects: government environmental duty assignment and government environmental duty classification. Government environmental duty assignment includes the first time assignment to solve the division among government, market and society, and the second time assignment, namely assignment in the government, to solve “duty isomorphism” in vertical duty distribution and overlapping duty in transverse distribution. Thus we distribute duty clearly in government. The classification of government environmental responsibility include five basic duties: government’s environmental quality guarantee duty, government’s environment supervision and management duty,government’s duty to guarantee environmental information public, government’s support and promotion duty of public participation, government’s environmental dispute resolution duty.The basic frame of the government environment legal liability includes the government constitutional liability, government environmental administrative liability, government environmental civil liability, government environmental criminal liability. To trace government environmental liability smoothly, we must perfect the government environmental responsibility accountability mechanism.There is lack of power in consubstantiality accountability, weakness in variant accountability and shortage of social participation in accountability in our government environmental liability accountability mechanism. To solve this problem we should public and share the accountability information, dock the accountability cases, improve the environmental groups and public participation, in order to reshape administrative accountability, congress accountability and judicial accountability.With social participation embedded, it can balance administrative accountability,congress accountability and judicial accountability, and can monitor their accountability to make them find out liability actively to realize the accountability of government environmental liability smoothly.The full text structure arrangement is as follows:The first chapter is the introduction part which starts from the selected topic background, introduces the research significance, reviews the research at home and abroad, and the research train of thought and main content of this article, research methods and main innovation points are introduced.The second chapter summarizes the world and our country environmental problems, analyses the government regulation mode and its failure, market regulation and control mode and the double failure of government and market,multiple governance mode and its failure, and points out the developed theory of environmental governance: the theory of environment metagovernance and environment good governance. Through the analysis of environment metagovernance and good governance, the necessity of government environmental responsibility shows out.The third chapter defines the concept of government environmental responsibility, and analyzes the theoretical basis of government environmental responsibility, including: public goods theory, principal-agent theory, public choice theory, environmental right theory and responsible government theory.The fourth chapter researches government environmental duty, defines the government environment duty according to service-oriented government theory, and make a deep research on allocation of government environmental duty and classification of government environmental duty for intensive research. Government environmental duty assignment includes the first time allocation among government,market and society, the second allocation including longitudinal and horizontal redistribution within the government. Classification of government environmental duty includes five types: government’s environmental quality guarantee duty,government’s environment supervision and management duty, government’s duty to guarantee environmental information public, government’s support and promotion duty of public participation, government’s environmental dispute resolution duty..The fifth chapter discusses the government environment legal liability, analyzes the concept of the government environment legal liability and the basic framework,and research the government environment constitutional liability, government environmental administrative responsibility, government environmental civil liability and government environmental criminal liability, finds out the shortage and give suggestions.The sixth chapter researches the concept and components of government environmental responsibility accountability mechanism, the presentation and reasons of our country’s government environmental accountability weakness, and the solution of the weakness. It reshapes the administrative accountability, congress accountability and judicial accountability through public and share of the accountability information, docking cases of accountability, accountability participation of environmental groups and the public, etc.