The problem on the government's environmental liability is ultimately mainly that the implementation of the government's environmental liability does not reach the designated position. In the process of realizing the rule of environmental law, the problem of the governments do not perform their environmental responsibilities or perform their environmental responsibilities illegally is still rather outstanding, and the governments'negative act or disordered behavior do not receive the due punishment coming from the law. Meanwhile, the problem of the governments'environmental liability does not reach the designated position is one of the important reasons which result in the environmental accidents occur frequently recent years and the longstanding of environmental violations, the problem on the governments'environmental liability has already become one of the important obstacles which prevent the realization of the rule of the environmental law. Researching our country's existing problems on the government's liability and exploring the countermeasures which contribute to implementing the government's environmental liability is helpful to promote the governments to perform their environmental duties actively and make the governments play their leading role in the work of environmental protection; is helpful to strengthen the governments' ability of making decisions comprehensively, to realize the transformation of the mode of economic development, to realize the economical, social and environmental coordinated and sustainable development; is helpful to realize the implementation of the policy and the idea on environmental protection from top to bottom, and finally realize the change from the environmental law system to the rule of environmental law.This paper is divided into three chapters:the first chapter is about the overview of the government's environmental liability, which mainly introduces the concept, characteristics, theory basis and actual basis of the government's environmental liability, in which, in the part of the theory basis of the government's environmental liability, it mainly states the theory of the rule of environmental law, the theory of public goods and the theory of environmental governance and good governance, in the part of the actual basis of the government's environmental liability, it mainly analyzes the increasingly severe environmental situation and frequently occurred environmental events; the second chapter is about the present situation and the existing problems of the government's environmental liability, which mainly expounds some related provisions of the constitution, the environmental laws and other normative legal documents, and then from the clauses of the government's environmental liability, related environmental legal institutions and the government's environmental accountability system these three aspects analyzes the existing problems of the government's environmental liability; the third chapter is about the suggestions on improving the government's environmental liability, which firstly proposes to use useful experience of foreign legislation for reference, and then put forward the corresponding suggestions for those problems introduced in the second chapter. Specifically, this chapter mainly put forward four suggestions on improving the government's environmental liability in our country: using the experience of foreign related legislation for reference; improving the clauses on the government's environmental liability; improving the relative environmental legal institution; improving the government's environmental accountability system.This paper mainly adopts research methods of textual analysis and systematical analysis. Firstly, this paper has a textual analysis on the domestic and foreign relative legislation about the government's environmental liability, and then expounds the deficiencies of domestic legislation and the advantages of foreign legislation which is worth to learn for our country. Secondly, this paper analyzes the problems of the government's environmental liability systematically from three aspects of the clauses of the government's environmental liability, the relative environmental legal institutions and the government's environmental accountability system and then puts forward corresponding suggestions on improving the government's environmental liability from two dimensions of using useful experience of foreign relative legislation and solving the problems existed on the government's environmental liability.This research paper aims to analyze the current situation and problems on legal institutions of the government's environmental liability from the perspective of environmental law, and explore countermeasures to implement the government's environmental liability from four aspects of using foreign relative legislative experience for reference, perfecting the clauses about the government's environmental liability, perfecting relative environmental legal institutions and improving the government's environmental accountability system, so as to ensure that the governments truly take their responsibilities on protecting and improving the environment, and let the governments play their leading role in the work of protecting the environment, and finally realize the rule of environmental law in our country. |