On Environmental Responsibility

Environmental responsibility issue is not a new problem. Because the Declaration of the United Nations Conference on Human Environment enacted in 1972 proclaims the world that Man bears a solemn responsibility to protect and improve the environment for present and future generations. But 30 years passed, the implementation of environmental responsibility is not good. The earth's environment has not been really improved, but shows a further deterioration trend. Apart from the limitations of social and historical conditions, the lack of systematic research on environmental responsibility is also an important reason.To study on environmental responsibility and its implementation, the first step is to have an accurate understanding of environmental responsibility and firmly adhere to the theoretical basis. Fundamentally speaking, environmental responsibility is not a fictional responsibility in order to address environmental problems. It is an objective requirement of Human Environment Community. It is a responsibility which human individuals and human groups must play. Environmental responsibility is a kind of social responsibility but not human responsibility to the environment. It's mainly a prior responsibility but still including the content of later responsibility. It has three main features: global action, a wide range of the subject and special object. From the macro level of theory, environmental responsibility concept is an integral part of the Ethics Responsibility. From the point of view of the need, fulfilling environmental responsibility is an inevitable requirement of the Sustainable Development Concept and the Scientific Development Concept. From the point of view of the possibility, the rise of Communitarianism will play a catalytic role on the implementation of environmental responsibility. In addition, from the point of view of feasibility, establishing some principles of justice about environmental responsibility allocation will be very critical to the practice of environmental responsibility.Environmental responsibility is a moral responsibility, so people's moral practice will be play an important role in the process of its implementation. For individuals, the key is to oppose the Materialism and Consumerism which have become popularization, and establish a new consumer ethics: Responsible Consumption. We must consumer moderately and autonomously, pay attention to non-material consumption, implement green consumption and fair consumption. For enterprise, the key is to consider the relationship between the benefits and responsibility from a long-term and strategic perspective, establish a responsible corporate culture and achieve a win-win situation. For the government, the key is to play the dominant role of the environment times initiatively, take use of environmental management authority rationally, and fulfil its environmental responsibility to all citizens and human family.Environmental responsibility is not only a moral responsibility, but also a responsibility which should be fully reflected in the law. This is the crux of environmental responsibility's implementation. The process that environmental responsibility is reflected in the law can ride on the concept of"responsibility in environmental law"(not environmental liability), and launches comprehensively through the theoretical paths of Obligation, power and right and some systematic paths such as Recycling Economy Legal System, Environmental Public Participation System, Environmental Incentive System. Meanwhile, the process that environmental responsibility is reflected in the law needs theoretical change of environmental law. Environmental law is not"law of rights"such as the Civil Code, nor is it"law of rights"such as the Administrative Law. It is"law of responsibility". The Environmental Responsibility Principle of environmental law which content is continuing to expand should become the concentrated expression of environmental responsibility in the level of basic principles of environmental law. The problem about how to protect natural things should be solved by responsibility means but not right means. The study on environmental law should mainly adhere to the Overall Methodology but not Individual Methodology, and should restructure the relationship between environmental rights and obligations on the basis of environmental responsibility.China is a big developing country that is in the process of industrialization, so how to implement environmental responsibility is particularly important to China. At present there are some problems in the development of our country's environmental protection, such as the environmental protection subject's"depersonalization", the loss of the people's subjectivity,"law-abiding suffer"and"the growth for the sake of growth". These are very negative to the practice of environmental responsibility. Nevertheless, our government's absolute authority and good political atmosphere perhaps will become the great advantages. We must think further about the role of our country's environmental protection subject, the social consciousness basis of environmental responsibility and our country's environmental liability legislation.