Research On Government’s Environmental Legal Liability

More than 40 years since the reform and opening up,China’s industry,agriculture,high and new technology industry has a rapid development,modernization level enhances unceasingly,at the same time,the modern industry pollution to the environment and resource consumption brought about by the increase in the number of adverse effects,water pollution,air pollution,resource destruction of environmental events such as emerge in endlessly,make our country more emphasis to uphold and improve the system of ecological civilization system,Among them,clarifying the government’s environmental legal responsibility,making the government assume environmental protection responsibility and fulfill environmental protection responsibility,is the core requirement of strengthening environmental administrative law enforcement in China and promoting the government’s ecological environmental protection.As the regulator and protector of the national environment,the government should not neglect its environmental legal responsibility while managing the country.Government environment legal liability in the aspect of definition,characteristics and content has its particularity,the environmental legal liability is not simple to break the law responsibility brought about by the adverse consequences,but lies in the government administrative behavior of decision-making,execution,supervision and assume of each link,put forward the imputation principles of environmental legal liability should be different from general environmental tort,apply the principle of fault liability.Based on the statistics of environmental supervision cases in China since 2016,this paper analyzes the main body of responsibility,personnel distribution,main problems and the type of responsibility consequences in environmental supervision cases.On this basis,the author points out the problems existing in the environmental legal responsibility of the Chinese government,the lack of the central government in the aspect of environmental legal responsibility,and the ambiguous responsibility of the environmental legal responsibility caused by the decentralization of the main body involved.Due to the lack of unified and clear standards,it is difficult to identify the government’s environmental legal responsibility,and the unequal power and responsibility result in incomplete coverage of legal responsibility,imperfect accountability procedures and improper punishment of crimes of responsibility consequences.Through in-depth analysis of the above problems,the reasons are classified into three aspects: administrative concept,legal system and supporting measures.In terms of administrative philosophy,it ignores the principle of administration according to law,and lacks the subjective initiative to perform its duties in environmental administrative law enforcement,only obeying orders from superiors,which leads to the spread of passive and sportive administrative law enforcement.The government’s lack of attention to the environmental interests makes the environment give way to the economy,which also causes the environmental legal responsibility is not in place.In terms of legal system,the deviation in the definition of environmental legal responsibility leads to overemphasis on environmental positive responsibility and neglect of environmental negative responsibility.At the same time,the lack of national legislation on environmental legal responsibility by the government leads to the low legal effectiveness and lack of operability of the existing system,and the different standards for environmental legal responsibility in different places.In terms of supporting systems,there is a lack of effective external supervision,weak initiative and effectiveness for the disclosure of government environmental legal responsibility information,and opaque accountability.Therefore,to improve the government’s environmental legal responsibility,we should implement the principle of administration by law in environmental law enforcement to ensure the effectiveness of environmental governance.At the same time,it establishes the legal basis of integrating the government’s environmental legal responsibility,carries on special legislation,unifies the responsibility content,and enhances the operability.Thirdly,improve the accountability procedures of the government’s environmental legal responsibility,formulate scientific and specific accountability standards,and predispose the intervention of alien accountability to ensure accountability according to law;Finally,it is necessary to improve the way for the public to supervise the government’s environmental legal responsibility and ensure the transparency of the government’s environmental legal responsibility.