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Research On Environmental Legal Liability Of Local Government

Posted on:2020-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y R ShaoFull Text:PDF
GTID:2381330572983733Subject:Environment and Resources Protection Law
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Natural environment is the precondition of social survival and development,the material source of production development and economic prosperity,and plays an irreplaceable role in human evolution and social change.Therefore,it is of vital importance to protect the environment.In recent years,we have gradually realized the importance of environmental protection and raised it to a strategic height.We have started to take various measures to improve the environment.However,the reality is not optimistic.There are many reasons for this phenomenon,among which the local government,as the manager of local affairs,undoubtedly has unshirkable responsibility.Local governments as a local administrative institutions,on behalf of the general public to control and management,public goods and environmental resources has a non-exclusive and sharnng in the nature also belongs to public goods,therefore environmental management within the scope of responsibility of local government,so when the environment problems,whether local government environment legal liability to perform in place is also an important issue that nots allow to ignore.But in practice,when the environmental pollution or environmental damage incidents,very few people go to get local government environment legal liability,we tend to think of the enterprise or a talent should is the subject of environmental protection responsibility,ignored the representation behind as a local’’keeper" of local government en’vironment legal liability,little imagine,environmental problems,in fact there is a great relationship of local government.In view of the seriousness of environmental problems and the necessity of environmental protection,regulating local governments’ environmental behaviors and strengthening local governments’ environmental legal responsibilities have become an important focus of environmental protection in various countries.At the same time,scholars in the industry have also aroused extensive research and discussion on local governments’ environmental legal responsibilities,and preliminary results have been achieved.On the basis of referring to previous studies,the author has written this paper.The introduction of this paper mainly introduces the research background,research significance and research status at home and abroad to pave the way for the follow-up writing of this paper.The first part of this paper discusses the basic concept,theoretical basis and research necessity of local government’s environmental legal responsibility,in order to facilitate readers to have a deeper understanding of local government’s environmental legal responsibility on the basis of understanding the basic theory;The second part the author analyzes the present situation of the local government environment legal liability as well as the existing problems,mainly from the imperfect laws and regulations,imperfect system and weak supervision mechanism and analyzing the function is not clear,etc,this article on the part of the United States,Japan and Russia is also chosen the three representative countries,in local government environment legal liability of them described basic and summarizes the rules of the beneficial experience,the author also draw lessons from the related practice in Taiwan,in order to explore suitable for China’s national conditions of relevant systems;In the third part,I put forward my own rough Suggestions on the existing problems of local government’s environmental legal responsibility,hoping to provide reference for improving local government’s environmental legal responsibility.It is within the above framework that the author has carried out relevant basic theoretical research on the environmental legal responsibility of local governments,with the main purpose of providing theoretical support for the implementation of the environmental legal responsibility of local governments and making Suggestions for the healthy development of China’s environmental protection undertakings.
Keywords/Search Tags:ecological civilization, Local government, Environmental right, Environmental liability
PDF Full Text Request
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