Government Environmental Liability Legislation Perfection

Better home for mankind, the realization of social public environmental interests, the State circumstance liability for accountability legislation is the important safeguard. As the first global declaration of environment protection in the human history--"Human environment declaration", solemnly declared to the world that human beings have the right to protect and polish up environment. However, under the gaming of environmental protection and economic development, the economic development occupies the initiative and state circumstance liability indirectly lead to the earth’s environment getting worse, the State circumstance liability problems and issues in performance and therefore began to emerge. How to guarantee the normality of the government responsibility consciousness and the effectiveness of the State circumstance liability is the last requirement and prevention to implement government’s environmental responsibility. This paper attempts from the State circumstance liability for accountability perspective, in order to improve the State circumstance liability to ask more good advice of legal mechanism of responsibility. This paper can be divided into the following four aspects:The first:the first in-depth analysis of the basic concepts involved in this paper, and the basic concept of "public" elements,"accountability" the extension of further clear. And make clear the further extension of the element in the concept-"government","responsibility" and "public" and "accountability".At the same time, through systematic expound of the theory of democratic politics, public property of environment, environmental rights, entrusted agent, demonstrate the legitimacy of public who becomes the State circumstance liability accountability subject.The second part:analysis stretching from the aspect of the necessity and which accountability from the public, expound the meaning of public who become the subject accountability of public, public accountability has its own advantages, and plays an important role in the environmental construction..compared with other subjects of accountability. Through analysis present which our nation’s public accountability, found the exist problem of the lag of public accountability, the lack of basic rights of accountability and channels of public accountability, imperfection of accountability safeguard mechanism. The third part:through the introduction of environmental accountability system of foreign government responsibility accountability legislation introduced, combined with analyzing insufficient of our country’s environmental accountability system in legislation, draw lessons from experience, to perfect our legislation to provide the reference.The fourth part:by comparative analysis, summarizing the legislation experience of foreign countries, basing on the problems existing in the current situation of our country, putting forward some accountability. Take administrative publicity and legislation, realized the organic combination of the concept of administrative law and environmental law, putting forward reasonable ways to improve:Suggestion to establish reward mechanism to the environmental education, publishing environmental education law, setting rules of civil environmental right, establishing environmental administrative public interest litigation, perfecting the system of State circumstance liability publicity and other measures, to provide better legal protection for the public account of governmental environment.