Theory Of Government Response Based On The Environmental Justice Guidance

As a comprehensive scope and human long-lasting value appeal, justice is an ideal goal pursuit in the area of social life, so the environment field. Inequitable sharing of environmental responsibility and unevenly distributing of and the resulting environmental crisis deeply touched to the heart of the justice problem, extension in the environmental field which provides the possibility of extension in the environmental field for justice, and environmental justice is one of the sub-areas of social justice. The public nature, the public welfare, complexity, uncertainty of the contemporary environmental issues and the potential threat to development of human society shows that the market mechanism alone can not overcome and compensate for the negative externalities on the environment caused by economic development, that environmental justice can not be achieved entirely through private or non-governmental means. So to find a political way is the only feasible way. As the political was born based on the pursuit of justice that is a perfection realm by social community political behavior must be based on justice, thus the justice of political field protect the environmental justice.Based on the empowerment of political structure, the history prescriptive of its role and the irreplaceability of status in our society, the government has received the public power in the environment field and the main legal qualifications of environmental management with its authoritarian nature, and became the dominant leader maintain the environmental justice in a considerable period. However, the government has its own independent value pursuit and behavior. When the contact occurs between justice and power, the real meaning of justice often deviates from the original intent because power departures from or aliens the right. Therefore, the procedural norms of government conduct have become fundamental to achieve environmental justice. As a process value, the procedural justice is also the preferred value in the process of environmental administration. The procedural justice of environmental administration emphasized that the government's actions of environmental administration should follow the basic rules and procedures arrangements of justice, that its spiritual essence is to substantiate and concern at the justice of process itself of the environmental administration.As the executive organ of state power and social management of public affairs, the government's environmental public power settings and its operating mode is the results of the public promotion from the beginning. As the largest stakeholders of environmental issues, the public demands for environmental justice has experienced the process from proposing demands reasonably to safeguarding legal rights rationally, and in this process the public is most looking forward to timely and effective response by the government elected and commissioned by the public. The government response, which is the essential meaning in the modern governance paradigm, asked the government should make timely and responsible response to the public's willingness. Therefore, the government should reform the traditional environmental-administration model, enhance the public's autonomy, improve the government responsiveness, and formed an open and transparent, positive and interactive exchange mechanism between the government and the public in the process of environmental administration, which enable the government from the maximum, the broadest sense consider the environmental interests, needs and wishes of the public, especially vulnerable groups, to ensure that administration results can be accepted and recognized by the community members, particularly stakeholders. As a new development trend of the public administration mode, the government respond keeps an exactly consistency of the pursuit of intrinsic value with environmental justice in essence, and freedom, equality and order together constitute a link which combined the two closely. On the one hand, as an operational and procedural paradigm the character of government respond model meets the value demand the environmental procedural justice asks the government's administration process; on the other hand, the government response model contains the real meaning of justice, and its function meets the expectations the environmental substantial justice asks the government's public administration model. Therefore, the influence from close cooperation between the two is than that from a single theme.The mode selection of government's environmental administration is closely related to the political and economic systems of different historical periods. With a step change in economic and social development, the government as the subjects of environmental administration needs to change the original and outdated administrative model. At the same time, the ideal of environmental justice combines with the social reality. In a certain social and historical conditions, the environmental administration mode is always showing a real-time progress of content development that the concept of environmental justice exposes and a different form of government respond. Since the new era, the public "rights-based" concept of environmental justice and the practice of government response under environmental administration model of a modern government have come to the horizon.According to the emerging environmental injustice in social transition period, we could see that there also exists a lack of justice in the government action through reflecting two aspects, namely environmental Substantial justice and environmental procedural justice. First, the government behaves unfair in distribution of environmental benefits which is contrary to the environment substantial justice. Second, the government misconduct in the course of formulation and implementation of environmental policy which deviate from the environmental procedural justice, power base behind the government's environmental administrative act must be the environmental democracy, which stressed that the government should maintain agility, justice and effective to respond to the public's expression of its willingness to respond to the rapid nature of justice and effectiveness, and listen to and meet citizens who alienate and commission their natural rights to the government the willingness of maintaining environmental justice on behalf of all society members. If the government's environmental administrative acts are injustice, then it means that the government breaks from the initial direction of environmental democracy, that is, the government could not respect and effectively response to public opinion very well. Therefore, the injustice of government's environmental administrative acts must highlight the weak of government response. The government's lack of respond capacity becomes the shackles of the pursuit justice of the environmental administration.The environmental administration model of government-respond type combining the concept of environmental democracy integrates the government response with the environmental administration closely by justice as a link. The model could transforms the environmental democracy from the concept into the substantial legitimacy of physical sense, and could safeguard the process value and result value of environmental administration through promoting the government administrative to act with justice. The essence of the environmental administration mode of government-respond type is an intermediary to make environmental justice from potential to reality, and the core of that is that integrated the environmental procedural justice and environmental substantial justice into a certain mode of environmental administration. As for the achievement of environmental justice ideal, the environmental administration mode of government-respond type is an effective way. However, there still exist a lot of immature factors on the current terms of China's political development process, of which the biggest obstacle to building the model is: on the one hand, the natural weak of our government response roots in the binding of traditional-power environmental administration mode; on the other hand, the main obstacle to build the model lies in the weak of the institutional basis.The environmental administration model of government-respond type penetrates the justice concept in the process of environmental administration, and the model is the logical starting point and central theme of the government's achievement of environmental substantial justice. Construction of the model should follow these basic ideas: Firstly, we need locate a reasonable position for the government's role in the environmental field to make it comply with the role ethics of modern government. Secondly, we put the innovation in traditional-power environmental administration mode as a precondition for the ontology preparation of this new model. Again, we take the pursuit of environmental substantial justice as the ultimate goal which proposes the goal orientation and rationality reflection of the model. Recovery times, we should construct the environmental administration model of government-respond type as an entity to take it as a mediator to realize the environmental procedural justice through designing process of the government's response mechanism in the environment field, constructing the basic path the model is necessary to follow to, building and improving the institutional basis of the model. Finally, we should create an external environment by promoting to construct the system of laws and regulations of law-based administration, strengthening the interaction and effectiveness of the government response, bedding the moral basis to keep a healthy relations between government and citizens, in order to provide the necessary protection for the model to maintain a favorable operating.