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Research On Issues Of Governmental Environmental Responsibility

Posted on:2018-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2311330515969480Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of modern material civilization is inseparable from the economic development and the enhanced capacity of transforming the natural resources,but also it inevitably brings about the adverse consequences by human beings to bear after the rapid development of production.Environmental pollution problems such as soil pollution,vegetation damage,smog,water pollution and other environmental problems are endless.In the background of environmental pollution,environmental protection problem and environmental protection responsibility allocation are being generating.In the past,the idea of "treatment after pollution " has not adapted to such a serious environmental problems in the environmental protection,the effect of environmental governance is the gap between the ideal and reality.On the one hand,serious environmental problems caused by unreasonable disposal of human household garbage and various types of polluting enterprises chasing the economic benefits rather than environmental efficiency.On the other hand,the government's environmental responsibility does not perform well,that is to say,a serious shortage of its effectiveness.Government with public service function and a natural resource with a public property both have determined the government's obligation to assume responsibility for environmental protection.The effective implementation of the government's environmental responsibility requires the rule of law to provide normative guidance.This paper mainly uses the literature method and the research on the current problems of the environmental responsibility of our government on the basis of the existing environmental laws.The article is divided into four parts: the introduction,the text and the conclusion,the text is divided into four parts to elaborate the government environmental responsibility.This paper firstly clarifies the relevant concepts of government environmental responsibility,analyzes what is the content of the government's environmental responsibility and what are the characteristics,and then points out the necessity of emphasizing the environmental responsibility of thegovernment.Secondly,from the different theoretical aspects,such as the theory of environmental rights,the theory of public function,Trust theory,public environmental interest,analyze why the government needs to undertake environmental responsibility,and why take responsibility on the environmental public interest maintenance doing theoretical considerations.Once again,from our current environmental laws on the legal responsibility of the government to start,This paper analyzes the provisions of the current environmental laws on the environmental responsibility of the government and its existing problems.Although China has established a relatively complete system of environmental law departments,it also stipulates the implementation of the environmental responsibility of the government,but there are still many principled provisions and lacking operability,environmental rights not explicitly enrolled in the law,the lack of strategic environmental impact assessment in environmental impact assessment.The implementation of the first government's environmental responsibility does not perform well and the corresponding accountability mechanism is not perfect.This paper finally focuses on the existing problems of our government's environmental responsibility,from the specific system of government the environmental responsibility angle to begin,analyses should perfect environment of public product and public service,to carry out the environmental impact assessment,to ensure the public's right to know and participate,build of incentive mechanism of government environmental responsibility and accountability,which should be from different institutional dimensions to refine and perfect the implementation of government's environmental responsibility in order to enhance the operability and execution of the government's environmental responsibility.
Keywords/Search Tags:environmental responsibility of government, environmental law, legal regulation
PDF Full Text Request
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