Study On The Legislation Of Our Government Environmental Responsibility For Accountability ——From The Perspective Of Public Accountability

Environmental liability is foundation of solving environmental problems and achieving environmental protection. And environmental responsibility for government is above all in environmental responsibility. It is of great significance to set the government environmental responsibility for accountability that is suitable to China's national conditions in theory and practice. Declaration on the Human Environment is the first Global Declaration about protecting the environment in the history of mankind, Which was approved at the United Nations Conference on Human Environment in 1972. It declared the solemn responsibility to protect and improve the environment for human beings to the whole world. As is well known, the government should take the first step in protecting environment. Administration function is to help overcome the barriers between the environmental problem and market failure. If the practices of the decision and management of government cause to further promote, the ineffectiveness of the government will happen. If the practices of the decision and management of government cause to further promote, the ineffectiveness of the government will happen. Besides the condition of the limitation of social development, the legislation of government environmental accountability is not perfect, which is an important reason to make the problem occur. In this paper, the legislation of government environmental responsibility for accountability is put forward and required to be improved from the perspective of public accountability.Specifically, this paper can be divided into four parts:Part one: First of all, this paper analyses the involving basic concepts,"Government Environmental Responsibility"and"Responsibility For Accountability", in detail, and it is to definite exactly the extension of"government"and"responsibility"especially from the law in realistic context. Then, Public will admit the justified government environmental responsibility for accountability subject when public property in environment, social entrust and environmental right are systematically illustrated.Part two: This paper discusses the meaning and analysis of government environmental responsibility for accountability from the view of pubic, which offer the support on necessity of government environmental responsibility for accountability for pubic. Public accountability is superior to other accountability subjects. And it has a vital role to play in environmental legal development, advance administrative efficiency and build ecological civilization etc. Presently the current condition of government environmental responsibility for public is dissatisfied. Because the consciousness of government environmental responsibility for public is poor, the base of right of accountability lacks, expression of interest system is absent, and accountability safeguards is imperfect etc.Part three: The paper describes the relevant legislations on government environmental responsibility for accountability of foreign public, consider the present conditions of our country, and expound trend of the legislation of government environmental responsibility for accountability. Then the paper uses the analysis on laws and regulations of legislative mature typical countries, seeks the common, and sum up the experience, which offers the reference on perfect the legislation of our country.Part four: Based on situation analysis and summing up the experience of legislation of foreign country, the paper gives the proposal on perfecting the legislation of government environmental responsibility for accountability in terms of improving the legislative basic principle, way choice and legislative improvements. The disclosure of the principle of administration and the principle of public participation can be regarded as the basic principle of legislative improvement. Then the merge of the theory of the administrative law and the theory of environmental laws should be achieved. The paper analyses the current condition of administrative environmental responsibility for accountability, put forward the proper way of legislative improvement. And the professional environmental education laws should be enacted. It states that the public has the environmental right, the environmental administration litigation for public welfare should be established, the disclosure of government environmental information system should be improved etc. So the right of government environmental responsibility for accountability will be better guaranteed by laws, when public perform it.