Research On Issues Of Government's Environmental Liabilities

In the current society, there is a significant issue which not only substantially affects the sustainable development of economic and society, but also reflects the ultimate choice of "to live or to die" of human being. The issue is, the use of natural sources and the protection of environment. We not only need the improvement of the technique and modification people's thought toward environment protection to solve the issue, the interference of government and the support of nation power is what we need the most to make a better use of natural sources and an effective protection of the environment. Practice has proved that implementation of government environment responsibilities have enormous influence on reaching the goal of environment conservation and contributing to the establishment of its legal system. This is due to the fact that government plays a pivotal role in environment protection. In recent years, the proliferation of environmental accidents can be in large measure attributed to the ignorance from local government and environment-related department. This is because of that legal system of government environmental protection which has not been fully perfected yet. Therefore, establishment of environmental law should give priority to perfection of government responsibilities.On one hand, we need to learn from the experiences of legislation and practice of other developed countries. On the other hand, we need to act according to Chinese current situation, which is essentially important.According to the idea of raising problems, analyzing problems, and solving problems, the thesis is divided into three parts. The first part begins with the definition of the environmental responsibility of government, and then introduces the basic knowledge of governmental liabilities of environment protection such as the characteristics and types of environmental liabilities as well as the practical and theoretical foundation for strengthening environmental responsibility of government in the environmental protection work. The second part discusses certain problems relating to the current situation in China in the matter of governmental protection of environment, in both respects of philosophy and legislation. Among them, the issues concerning the philosophy of government's environmental responsibility include that the concept of environmental management is deeply rooted while the concept of rule of law has not yet been firmly established; the problems in the legislation of government's environmental liabilities involve that the standardizing function of the existing norms of environmental law system is not prominent, the operability of the rules on the government's environmental responsibilities is poor, the main linkage of the subjects of environmental supervision is not strong, and the mechanism of ascertaining the environmental liabilities of government is not sound.The last part proposed further consummates our country government environmental responsibility idea based on Chinese context and experiences of America, Japan, and Russia. The premise is updated government environmental responsibility idea; Ways to improve the government's environmental responsibility legislation; The key is implementing environmental democracy; Security is the perfect accountability mechanism.