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The Principle Of Imputation Of Environmental Accountability

Posted on:2018-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z JiaFull Text:PDF
GTID:2321330533960861Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental accountability is the administrative accountability in the field of environmental protection,which means the special accountability subject supervises and reviews the implementation of the duties and obligations by the party and government offices leaders and the officials of the environmental authorities,dealing with the environment problems according to the laws.The principle of imputation is to identify the premise and basis of legal liability,which is the core of environmental accountability.Defining the principles of imputation of environmental accountability is the golden key to addressing the environmental accountability problems.The principle of imputation for the environmental accountability is the standard and principle when the accountability subject calls to account.Based on the situation of no enough attentions and researches on environmental accountability,the existing normative written environmental accountability principles have not been integrated yet.Based on the basic theory of environmental accountability,this paper studies the characteristics of the function and accountability principle of environmental accountability.The function of environmental accountability is to encourage officials to actively fulfill their environmental responsibilities and respond to social demands.It is proposed to sort out the content system of the principle of environmental accountability in accordance with the four criteria of establishing the principle of imputation,and finally determine the multiple liability system of the environmental accountability.The principle of fault liability shall take the priority and the principle of no-fault liability and illegal liability as complements,and adjust according to different accountability matters.When the subjective fault is difficult to identify,the principle of illegal liability acts as a complement and objective illegal imputation.When a major environmental accident happens,based on the leadership of the government and the consideration to response the social demands,the principle of no fault liability is allowed.However,the circumstances of the application should be strictly limited,while allowing officials to defense under certain conditions.Three principles in the environmental accountability supplement with each other,with the inherent logical link.
Keywords/Search Tags:environmental accountability, imputation principle, the principle of fault liability
PDF Full Text Request
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