A Study On Government Environmental Quality Responsibilities

Who is responsible for the quality of the environment are questions has been plagued scholars, the 16th article of China’s environmental law states:"Local governments at all levels, should be responsible for the environmental quality of the area they administer, to take measures to improve the quality of the environment." Is it the quality of the environment for the Government responsible for finding a legal basis? But the fact remains that the Government is responsible for the environmental quality of interoperability in practice is not ideal, what is the question? We are the source of environmental problems from the start, in order to find the root causes of environmental problems, the Government is responsible for the validity of the quality of the environment, the need for, reasonableness of the analysis of Chinese and foreign governments responsible for the environmental quality of the practice, to explore the Chinese government’s existence in practice problem in environmental law and institutional aspects of the concept of response, the article concludes with judicial supervision and relief system. In this paper, some specific aspects of the following topics:ChapterⅠmining the characteristics of the environmental quality problem. From an environmental law, environmental sociology, environmental economics, such as multi-disciplinary perspective to resolve separately the characteristics of the quality of the environment problem, the causes, the solution reached the legal solutions to environmental problems are an important way. To introduce the concept of responsibility for government environmental quality and the basic expressions. Government intervention on the environment through environmental laws and assume responsibility to achieve the Government’s obligations in charge of environmental quality.ChapterⅡon the theory of Government is responsible for the environment quality. Legality, necessity and rationality of government are responsible for the environmental quality of the theoretical basis. Environmental resources of the property of public goods, environmental resources of the country all the people with the foundation of sovereignty, the Government’s commitment to responsible environmental quality and social contract theory is based on legality of foundation; environmental rights at the lack of legal protection on the Government the results of environmental functions of alienation Government loss of environmental obligations requested the Government to the quality of the environment are responsible for this basic necessity; and government functions and the role of adaptation is a reasonable basis.ChapterⅢintroduced the practice of the United States, Japan and the Chinese government is responsible for environmental quality. And analysis of the Chinese Government found the practice questions:First, the powers and responsibilities of government such as the rule of law in the environmental practice of the dislocation, including the powers and responsibilities clear and fuzzy; high grade and low-level command to obey the rank of dislocation; powers and obligations of share-free pardon type dislocation. Two are missing the Government’s environmental obligations, including obligations of the principal is not comprehensive; obligations total uncertainty; the rights of non-reciprocal obligations; obligation to fully realize the non-binding.ChapterⅣto solve the above problem, in the theoretical analysis found that the Government is responsible for the lack of obligation to the quality of the environment, the existing interpretation of the law should be defined as the Government’s environmental obligations, which means that the Government commitment to the environmental quality of public obligations, against the Government of this obligation, we can be of environmental law at the appropriate response, first of all in the concept of environmental law on:the Government environmental obligations fit the concept of responsible government; "The Government is responsible for the quality of the environment" as a system of government environmental regulations starting point; government environmental obligations the relationship between the environment are the core of administration; the Government is responsible for the environmental quality of the environment are the executive acts of government incentives; "The Government is responsible for the quality of the environment" is a reference to the Environment Department of the administration of relief. Second, the system of environmental law at the design should reflect:active environmental obligations of the Government; the rules of the Government Services Administration of the environment; indirect means of government administration of the environment.ChapterⅤin the above study, based on Chapter V of the Government’s environmental quality is responsible for the supervision of the relief mechanism is discussed, first of all, the Government is responsible for the quality of the environment is divided into two parts of the duty, responsibility and break a promise, the law our country is in accordance with the duty of the corresponding provisions of environmental law for punishment, the scope of break a promise in the case, relief time, judicial review, although the target area is limited by, but it can be realized. Oversight mechanisms, including national monitoring system of country and social supervision system and the judicial relief system, including environmental liability, environmental litigation and environmental accountability.