On The Improvement Of Government Emergency Responsibility In Sudden Environmental Incidents

The profound impact brought sudden environmental incidents has caused widespread concern in the society,and also receives governments' high attention.However,currently government still have many deficiencies responding to sudden environmental incidents,which is reflected as the deficiency in governments'emergency capacity in practice and would hinder the environmental protection and a harmonious development of the society.This is greatly relevant to the imperfect emergency responsibility of our government,and the government should bear the primary responsibility.Therefore,combining China's specific reality,this paper aims to improve the government's emergency liability in sudden environmental incidents and provide some help in the government emergency legislation and enhancing the government emergency capacity.In addition to the introduction and conclusion,this article is divided into four chapters.Chapter 1 is the overview of the government's emergency liability in sudden environmental incidents.Firstly,based on the concept definition of the sudden environmental incidents,it clarifies the concept,meaning and legal characteristics of the government's emergency liability in sudden environmental incidents.Secondly,it expounds the necessity for government to bear primary responsibilities of sudden environmental incidents in three aspects of government management,service-oriented government and the executive power exercising.Finally,combining the public environment interest theory,the theory of service-oriented government and the environmental law-governing theory,this paper explores the theoretical basis for government to bear emergency responsibilities in sudden environmental incidents.Chapter2 reveals the deficiencies of governments' emergency responsibilities in sudden environmental incidents.Based on the concept understanding of governments'emergency responsibilities,this paper points out the deficiencies of governments'current emergency responsibilities in two aspects of positive and negative responsibilities,which mainly include two aspects,one is the deficiency of governments' positive responsibility in sudden environmental incidents,including the missing of its responsibility locating,wrong decision making,poor disclosure of environmental information and improper practice of public participation,causing the governments' capacity deficiencies in sudden environmental incidents;another one is governments'negative responsibility in sudden environmental incidents,noting that incomplete responsibility forms and inadequate accountability mechanisms have exacerbated that government fails to perform in place for sudden environmental incidents.Chapter3 analyzes the reasons for deficiencies of governments' emergency responsibilities in sudden environmental incidents.Firstly,the deviation in value choice and the alienation in good environmental governance concept are the incentive to its concept insufficiency.Secondly,legislative,judicial and law enforcement deficiencies make the government lack of legal protection in the duty fulfillment in such sudden environmental incidents.Finally,the system with longitudinal responsibility isomorphism and transverse decentralized function management have made the government inefficient responding to emergencies caused by sudden environmental events.Chapter4 proposes advice for improving governments' emergency responsibilities in sudden environmental incidents.Firstly,in concept choice,adhere to the correct value orientation to establish the good environmental governance concept.Secondly,in legal forms,ensure that the legislation,the specific legal system design and accountability should be in line with the actual needs.Thirdly,the system security should change from the responsibility isomorphism to heterogeneous responsibility,decentralized department system should be changed to a centralized management system and a comprehensive harmonized emergency response mechanism should be built.