Research On Problems Of Responsibilities For The Coal Area Environment

In China, Coal areas have given important contributions to our economic construction and development and also have paid a huge cost: environmental pollution and ecological destruction, which brought many environmental problems and live inconvenience to Coal areas. Meanwhile, they obtain the benefits of the coal resources by the whole society, especially by the eastern coastal economy developed region that far away from Coal areas. In these regions, electricity is convenience and environment is graceful. It is thought-provoking that the bright contrast, between the payment of Coal areas and the interests of the whole society, caused a regional imbalance. It is radically contrary to the purport and requirement of harmonious society, also is a disadvantage of the sustainable development for Coal areas. On account of this, it is particularly important to analysis and discussion the undertaking problems of environmental responsibilities to make it fair and reasonable to each department in undertaking environmental responsibilities. However, the previous researches merely emphasized the government's or enterprises' environmental responsibilities, and never consider what kind of responsibilities should each environment department undertaken in environmental problems of Coal areas in the sight of macroscopic perspective. This article mainly analyzed from two aspects and obtained a conclusion:there are responsibilities not only to coal enterprises during the process of exploitation and utilization of coal, but at the same time, the whole society and state also have to undertake the corresponding responsibilities of their own, in order to share the regional environmental problems of Coal areas, and the whole society be sustainable development.In the first part, the status for environmental problems of Coal areas in China. By using large quantities of objective data, it shows the unbalanced distribution of Coal resources in China, and by which caused regional features to the environmental problems of Coal areas. It also gives a foundation to the justice share of environmental responsibilities in Coal areas.In the second part, variety of environmental responsibilities and Legal system's problems of Coal areas in China. There were some relevant laws about environmental responsibilities of each department of Coal areas in China, but it was discovered that the design of many environmental liabilities didn't reasonable in practice, such as:unclear environmental responsibilities to the government, lack of supervision to resources and environmental policies; low costing of environmental illegal incidents to Coal enterprises, rigid rule of legal responsibilities; appearance without reality of environmental responsibilities to Coal areas' public. In vertical aspect, it can't control entirely at the source of environmental problems by the environmental responsibilities'system of Coal areas, and in landscape aspect, it can't play a part in interdependent and reciprocal action.In the third part, legislation and practice to environmental responsibilities of Coal areas abroad. There were not any special environmental legislation of Coal areas in most countries abroad, but it is more mature to take into real implementation that environmental responsibility system and related laws of Coal areas. For instance, consider related legal systems of two countries:the USA as the most advanced lawmaking country, and Australia as the rich of coal resources'country. It is enlightening to set up our legal systems to environmental responsibilities of Coal areas by analyzing the above two countries' advanced and mature theory and experience.In the fourth part, design and construct the environmental responsibilities of Coal areas in China. Dissimilar to the civil liability and criminal responsibilities that emphasized the affect of punishment after incident, Environmental Responsibility should pay more attention to the primary environmental responsibility, namely, the new expanding connotation of "Environment Responsibility" demand us to pay more attention to Coal areas and the whole society, controlling the occurrence to the environmental problems of Coal areas from the source. Based on the above theory, and combined with the reality of China, the author presented the structure of systems to environmental responsibilities of Coal areas.As a typical environmental problem in China, the environmental pollution of Coal areas, at the same time, is an extensive regional problem. Study and analysis the imputation and distribution to environmental responsibilities of Coal areas, not only provide theoretical support to the solution of the environmental problems of Coal areas, but also provide a reference about the allocation of responsibility to other environmental problems in China. Therefore, if the conclusion of our problem is rational, it will be a broad application space to other problems of environmental responsibilities, and it will be more scientific and reasonable to the allocation of environmental responsibilities.