Research On The Legal Responsibility Of Local Government In Transboundary Pollution In China

Environmental pollution across regions is a complex problem involving politics,economy,etc.Public knowledge of environmental pollution such as water pollution,air pollution,acid rain pollution,ocean pollution and nuclear pollution is characteristic of transboundary pollution,they are not subject to administrative limits.When the problem of transboundary environmental pollution is getting more and more attention,how does the government that plays a leading role in prevention and control such pollution naturally get its attention.And to deal with transboundary pollution problems,more fundamental,apart from sorting out the responsibilities of local governments,we should also pay attention to the regulatory responsibilities of local governments at the source.This paper mainly studies the regulation of legal liability of the Chinese local governments in transboundary pollution,in order to be implemented the responsibility and then make the environmental protection work in order,improve the government’s ability to govern,create a good living environment for the public.This paper is based on the government environmental responsibility theory and the main line is to explore the supervision responsibility of local governments in China’s transboundary pollution.Through the analysis of China’s transboundary pollution the government to perform the related issues of regulatory responsibility,to illustrate the importance of strengthening local government supervision responsibilities.The main content of this article is as follows:The first part mainly states that transboundary pollution refers to the pollution of the vast area of a certain administrative region;Government regulation refers to the public policy goal of the government to protect the environment,for the use of environmental resources behavior norms and constraints;Government responsibility means that the government is responsible for environmental quality,and bear the adverse consequences when the environmental responsibility is not fulfilled.At the same time,it is an attribute of administrative responsibility to analyze the local government’s legal responsibility from the perspective of local government inaction and chaos.The surface is a transboundary pollution caused by the illegal pollution of corporations,it can be found that the inaction and chaos of local governments play an important role in the exploration of the underlying causes,in the case of local government regulation and inaction,it leads to transboundary pollution and loss of public personal property,the government should bear the legal responsibility of poor supervision.The second part focuses on the limitation of local government’s legal liability in transboundary pollution.Due to the existing provisions,the punishment is not strong,more often,whether or not the person responsible is punished depends only on the attitude of the leader,and most of the time,it’s a criticism of education,this has largely led to the neglect of legal responsibility for government regulation,therefore,the inaction and chaos of local governments cannot be effectively stopped.There is a rivalry between local governments,there are many examples of damage to the environment of other regions for the sake of their own economic development,the lack of incentives has undoubtedly doubled the conflict between local governments,the pollution caused by others should pay by yourself,spend a lot of pollution treatment cost but no corresponding financial support,in this way,the local government’s attitude towards regulation is no longer positive.The responsibility for transboundary pollution is difficult to identify with the lack of technology,but the lack of public supervision has made transboundary pollution incidents more frequent,if public participation in supervision is mandatory,it will not only reduce transboundary pollution events,it can also provide the basis for the identification of weak local government regulation after transboundary pollution.The third part from three aspects: theory,policy and reality demonstrates poor supervision of local government is the source problem,transboundary pollution in addition to realize the enterprise the responsibility of illegal dredge,also look through the phenomenon to see the essence,it is found that the weak supervision of local governments is the catalyst for transboundary pollution.The negative externality theory shows that the adverse effects of transboundary pollution on the whole society cannot be ignored;The theory of public goods indicates that the public goods of the environment need government maintenance;The government’s main idea is that the government as a representative of the public interest should perform the good environmental work,provide a suitable living environment for the public.And then the laws of the state,the regulations of the local laws and the real cases and the fact that the local government is responsible for the regulation of the transboundary pollution is the right thing to do.The fourth part analyzes the countermeasures of strengthening the legal liability of local governments in transboundary pollution.First of all,it is necessary to lay a foundation for the determination of the legal responsibility of local government in transboundary pollution in the principle of fairness,fairness,sustainability and responsibility,the problem of transboundary pollution can be solved through consultation between local governments,if negotiation fails,it can solve the problem of transboundary pollution by regulating the legal liability of pollution government by polluting the government,thus avoiding disputes between local governments,to cause unnecessary damage to the environment and the innocent public.The lack of application ofthe existing accountability method in transboundary pollution does not result in substantial compensation for the public,therefore,the application of "economic compensation" should be considered.Through certain incentives to encourage due diligence supervision of local government,in order to change the status quo of negligence of local government in transboundary pollution.The full participation of the social public will have a certain supervisory role in the supervision of government’s environment,this will help the government work more scientifically and get public support.Full text through the literature survey method,cross method,case analysis,comparative research,at the same time,supplemented by a variety of other research methods,there are laws in our country that say the government is responsible for the environment,and there’s a federal regulation on the prevention and control of transboundary pollution between local governments,especially the air pollution and water pollution,but ignored the poor supervision of local government the management of the "source",it is not conducive to that implementation of government environmental responsibility.This article mainly explains frequent transboundary pollution requires joint governance between local governments,but avoiding the source is more forward-looking,therefore,the local government’s legal responsibility must be paid enough attention.