The Studies On The Systems Of Environmental Administrative Responsibility

Environmental issue is one of the most important social problems being faced by people since post-industrialized era. The environmental destroy not only impacts on the people's normal life, but alse harms the human's existence and the offspring's health. The implementatation of the systems of environmental administrative responsibility acts the important effects on the environmental construction.In the systems of environmental administrative responsibility, the main body includes environmental administrative organizations, the organizations that laws and regulations authorize the administrative staff and government. The responsibility principles include the main principle--mistake estimation principle and supplementary principles—the mistake responsibility principle, the illegal principle, the administration improper principle and the fair responsibility principle. In the classification of the systems of environmental administrative responsibilities, the administrative organizations' responsibility can be divided into external responsibility and internal responsibility. The external responsibility includes the punitive responsibility,the compensation responsibility and the punitive responsibility, and internal responsibility include the punitive responsibility and the correction illegal behavior responsibility. The staff's responsibility alse can be divided into external responsibility and internal responsibility. Their external responsibilities are the civil liability and the legal responsibility. And the internal responsibilities include the compensation responsibility and the punitive responsibility.Since the systems of environmental administrative responsibility are implemented in our country, it has obtained great achievement, but it has many problems: the abuse of power, the surmounting authority, shirking responsibility, the responsibility no realization and so on. The reasons that cause the above problems are idea, environmental protection laws, the establishment of the environmental organizations, responsibility systems and surveillance and so on. In view of the above reasons, in order to consummate the systems of environmental administrative responsibility, first, we must improve the environmental protection law systems, and then explicit the basis of the law enforcement. Second, improve the series of systems which include information to the public, responsibility investigation, appraisal and other systems. Finally, in the foundation of the law and systems, we should pay special attention to three unions, which are the union of the implementation of the systems of environmental administrative responsibility and the organization reform, the union of responsibility appraisal and administrative staff's inspection appoints and dismisses, and the union of the implementation of the systems of environmental administrative responsibility and the government leaders and environmental institution leaders' goal responsibility system inspection. Simultaneously, change the idea of the environmental governmental organization and its staff and improve their ability of law enforcement, and strengthen the internal and external surveillance.