Study On The System Of Allocating Responsibilities Between Government And Enterprises In Sudden Environmental Incidents

At the same time of the rapid economic development of China,some violations of the law make the occurrence of environmental emergencies,the natural ecological and environmental development law has been damaged,affecting the social and economic progress,reduce the occurrence of environmental emergencies become the common goal of the whole society.Practice has proved that the responsibility for environmental emergencies is multiple,and the main responsibility is borne by the government and enterprises,from the emergency planning stage to the final ecological restoration stage,the government and enterprises to assume legal and social responsibility.The government and enterprises bear the first environmental legal responsibility of fulfilling their responsibilities and obligations according to the law,as well as the negative evaluation of the second legal responsibility for violating the first environmental legal responsibility.The cases of environmental emergencies in practice show that there are shortcomings in the allocation of responsibilities between the government and enterprises at both the legislative level and the implementation level,specifically: shortage of legislation on the allocation of responsibilities between the government and enterprises,conflict of interests between the two subjects,inappropriate ratio of responsibility allocation,and information asymmetry.In theoretical research and practical operation,there are three main modes of responsibility allocation between government and enterprises in environmental emergencies: the government-based responsibility allocation mode,the enterprise-based responsibility allocation mode,and the government-enterprise responsibility allocation mode.The article analyzes the path of responsibility allocation between government and enterprises and the operation of the three responsibility allocation models in practice,and draws the following conclusions: the responsibility allocation model under the main responsibility of the government will reduce the cost of violations by enterprises,which will lead to the situation that the government pays for the enterprise’s behavior and the government underwrites;the responsibility allocation model under the main responsibility of enterprises will lead to the government’s dereliction of duty and malfeasance,and even the illegal behavior of conspiring with enterprises for benefit transfer The government and enterprises are responsible for the same responsibility is a more reasonable mode of responsibility allocation,the government and enterprises as equally important responsibility subjects,not only to pursue the environmental responsibility of the enterprises involved,but also to pursue the environmental responsibility of the government,both for the negative second legal responsibility,the same type of enterprises to assume a more strict first legal responsibility.Based on the problems of government-enterprise responsibility allocation in environmental emergencies,the following measures are proposed to solve them: improving the legislative system and strengthening the law enforcement supervision of government-enterprise responsibility allocation at the legislative level;regulating the synergy of government-enterprise environmental responsibility allocation and the synergy of cooperation concept in environmental emergencies at the implementation level.Therefore,this paper analyzes the problem of responsibility allocation system between two responsible subjects,government and enterprise,in environmental emergencies,which is meaningful for studying the responsibility of two responsible subjects,government and enterprise,to improve ecological and environmental quality and reduce the occurrence of environmental emergencies.