On The Government Legal Responsibility For The Supply Of Environmental Public Goods

The theme of this paper is about the government legal responsibility for the supply of environmental public goods, this article attempts to clarify this issue by using legal principle and legislation.The article is divided into three parts:The first part is mainly about justification of the government legal responsibility for environmental public goods. This part discusses three questions: Firstly,this article based on the theory of public goods for logic reasoning, combined with relevant scholars idea and the provisions of "environmental protection law" article 2 in our country, defines the concept and classification of environmental public goods. Secondly, this article based on the manifold of "responsibility" in Chinese context and academic research for government responsibility, clearly clarifying the relationship between the government legal responsibility and government responsibility. Thirdly, in essence, environmental public goods is a kind of manifestation of environmental interests, the theoretical foundation of that is public environmental benefits. The construction of the government legal responsibility for environmental public goods is necessary to overcome market failure and government failure, and also a necessary requirement to build law-based government and service-oriented government. Fourthly, in the field of environmental public goods, the government plays three roles: the provider and producer of pure environmental public goods, the partner of environmental public goods and the manager of environmental public goods.The second part is mainly about the classification and thinking of the government legal responsibility for environmental public goods. This part mainly discusses four questions: Firstly, the responsibility in the constitution includes duty and political malpractice liability. Government owes a constitutional obligation of providing environmental public goods, and citizens have a constitutional right of having environmental public goods. The constitution gives the government power to force them undertake environmental public goods, which is the basis of the government constitutional responsibility for environmental public goods. Secondly, according to the review of environmental basic law and special law, the government bearing the legal responsibility of administrative law has sufficient legal basis. Thirdly, in the field of civil law, the civil liability of government for environmental public goods, which are divided into three main types: one is responsible for environmental public goods security obligations; one is to stop the infringement responsibility of environmental public goods; one is to bear the environmental public goods tort responsibility. Fourthly, in the field of criminal law, environmental public goods is a kind of legal interest which is protected by criminal law, the government undertakes criminal liability according to the relevant provisions of it.The third part is mainly about the difficulties and solutions of the government legal responsibility for environmental public goods. This part mainly discusses two problems. One is that the government bear the legal responsibility norms on the basis of the level of environmental public goods exist legislative concept emphasizes "managed" notice to the other party, the form of liability is single and narrow, the lack of linkage between the three legal responsibility, which is fully proved that government legal responsibility for environmental public goods has great influence. Secondly, to build and perfect the system,the government should take the legal responsibility of the environmental public goods.We should establish environment right, clear the state(the government) of environmental obligation and provide effective means of environmental public interest litigation relief, to restrict the government effectively. We should improve the selection and appointment of legal system, implement the environmental public goods audit system. At the same time, the person responsibility for the accident shall be investigated for criminal responsibility system strictly. Establish environmental damage compensation system of environment public goods, damage has prompted the government to take direct liability and supplement liability to pay compensation. Put the environmental public goods into the scope of environmental public interest litigation, expand the scope of the environmental public interest litigation subject qualification when establishing the environmental right, and listing the government as a public welfare lawsuit defendant.