The Responsibility Of Government In Environmental Protection Law

Today, environment problems increasingly serious, the main reason is there are many problems existing Environmental Protection laws. Among them, the government environment responsibility incomplete is the most basic question. Environment protection is the bounden duty of the government, only depend on the government’s leadership, speeds up the rule of law, strengthen environment supervision, can better address serious environmental problems in China.Besides the preface and conclusion, this paper is divided into five chapters:Chapter one, entitled as the introduction of government environment re sponsibility. Defined the meaning of government environment responsibility, elaborated environmental responsibility, government environment responsibility as well as the the forms of government environmental responsibility. In a broad sense, the government environmental responsibility includes the primary responsibility and the secondary responsibility. Then this part will make a detailed description about the theoretical basis of government improve environmental responsibility. Mainly from the environment of the public entrust theory, the articles theory, the environmental right theory point that, the important of government to improve the environment to improve the environment responsibilities to environment and conservation. Then the part discussed the urgency of our environmental responsibility,Chapter two, entitled as in the environmental law, the missing of the government. This section analyzes the legislation "Environmental Protection Law" relevant government environmental responsibility, Problem mainly in government decision-making mechanisms, environmental administrative system deficiencies and lack of government accountability system environmentenvironment responsibility, Lacking of government decision-making mechanism forms in environmental performance and the lack of development of an integrated mechanism and Insufficient public participation in government decision-making Environmental unreasonable administrative system is not unified supervision, Management agencies whose functions overlap and Environmental sector finances independented as well as Content unreasonable performance evaluation. Then discusses the problem of government environmental responsibility accountability system in our country.Chapter three explained the United States, Japan, Russia national legislation on the liability provision of the environmental protection,and aggregate legislative experience. In which main analyzed the provisions of the environmental protection responsibility in "National Environmental Policy Act", has the important enlightenment to our country government environmental protection responsibility stipulation.Chapter four, entitled as the "Environmental Protection Law" environmental responsibility in the government proposal. This part is the focus of this paper, aiming at the defects of the second part of the article and the insufficiency, proposed to improve the government’s environmental responsibility advice. In the part of the government decision-making mechanism, to perfect the mechanism of integrated decision-making of environment and development, mainly from the clear economic departments of environmental responsibility and legal liability clauses of refinement. In the field of environmental protection public participation system, proposed in the "environmental protection law" stipulates that citizen’s environmental right, improve the environment for the right to participate in decision-making, improving environmental management information system, in the "environmental protection law", increase the public welfare lawsuit clause and so on. In improving the administrative system of environmental protection, put forward the scientific delimit the scope of the functions of various departments, refinement, the establishment of an independent financial system, establishing green performance appraisal system and so on. On the perfection of government environmental responsibility for accountability system part, made clear the government’s environmental responsibility core position, construction of government environmental responsibility for accountability mechanism diversification ask advice.