The Research On Countermeasures Of Imporving Governmental Enviromental Responsibility

The deficiency of the environmental law's effectiveness is a key problem in China's environmental law practices. the faultiness of the governmental environmental responsibility is the main reason caused the deficiency of the environmental law's effectiveness. Governmental environmental responsibility means that law rules governmental obligation and power in the field of environmental protection and government should undertake legal consequences because of violating the legal rule. The publicity of the environment and the particularity of governmental status has decided the governmental environmental responsibility important. At present, relatively large as the quantity of environmental legislation is in China, there exiets an obvious deficiency in the legislation of governmental environmental responsibility. According to Environmental Protection Law and other related law and regulations in general, the governmental environmental power is highlighted while its responsibility is neglected; the government's leading role is highly emphasized while the public participation is ignored; the investigation for the private party's responsibility is strengthened while the accountability of the government is overlooked. As the lack of governmental environmental responsibility caused the decline of governmental credibility and the long treatment of environmental pollution. Government does not fulfill obligations or carry out environmental protection responsibilities but is not in place, has restricted the development of Chinese environmental protection.From Western countries'legislation and practice, you can see that the implementation of governmental environmental responsibility emphasis system consrtaints. For problems of the current our governmental environment responsibility, compared to the relevant legislation and practice of Western countries, based on basic national condition, I believe that to improve the governmental environmental responsibility, at first, we must strengthen the awareness of governmental environmental responsibility, because the sense of governmental environmental responsibility has directly impact on the behavior and the effectiveness of environmental governance; the second, improve the environmental legislation, mainly update the ideological of legislative guidelines and the content of legislation; the third, strengthen environmental administrative law enforcement, so the government can effectively and strictly enforce the law; the fourth, improve supervision and management system for preventing the governmental omission or arbitrary act; the fifth, improve the accountability mechanisms of environmental responsibility, in order to bind the government to better carry out environmental responsibility, and hope that these countermeasures and suggestions can supply some helpful reference to the national legislation in the fields concerned and in the actual judicial practice.