Environmental Protection Interview Legal Liability Construct Research

Interview is China's environmental protection department of environmental protection to supervise the fulfillment of the local government and enterprises to carry out environmental protection responsibilities of a new type of environmental supervision system,its typical characteristics is emphasized and supervision is the main body "head" communicate directly.Interview the current environmental protection national and local two interview forms and achieved some monitoring results,but its real binding buried behind the results of the hidden danger,namely there is no guarantee that by interviewing people in accordance with the requirements for interviewing for actual rectification,and the current severe form of environmental governance in calling upon appointment system for environmental protection needs to play a unique role.To legal responsibility construction of environmental protection for interviewing,first of all,the need to break through the existing system of scholars will interview generally classified as "not compulsory administrative measure" the general idea of barriers,namely denied by interviewing people enjoy by free will decide whether corrective right to demand the performance of the interview,after rectification for questioning by interviewing people poor situation should be held accountable.Second,the environmental protection interviewing to still need to break through the environmental protection responsibility construction interviewing behavior itself produced "accountability" mistakes of obstacles and change from single to multiple environmental protection interview objects increase the difficulty of the obstacles.In a clear and breakthrough,after more than triple the real obstacle to legal liability for interviewing for environmental protection construction should be paid attention to the four basic elements,one is the environmental protection concerning legal liability applicable situation;The second is interviewing the legal responsibility of environmental protection subject;A third is environmental protection interviewing the responsibility of the legal liability form;Its 4 it is environmental protection interviewing legal responsibility shall be investigated for program.Environmental protection concerning the specific content of the legal responsibility to construct construction should include legal liability principle,applicable conditions,main body and the specific responsibility forms and the procedures of responsibility.Among them,in the not actual performance by interviewing people questioning the rectification required liability,liability shall be followed in the open,with responsibility and punishment and education,the combination of the four cardinal principles of procedure guarantee;On the application of the legal liability situation can be typed on the processing;Interview for and environmental protection of the match with the characteristics of the "head" direct communication and better ensure the binding,interviewing of environmental protection responsibility main body should be focused on,head,head of the government administration and enterprise,and expand the responsibility respectively form;Finally,establish perfect responsibility program,including the start of the accountability procedures,implementation and revision.