Study On The Environmental Legal Responsibility Of The Government In The Haze Management

The air pollution,represented by haze,has been highlighted in recent years,which has a negative impact on people's life and health and the sustainable development of the economy and society.The concentrated outbreak of haze is not overnight,but mainly due to the long-term unscientific development mode,the absence of environmental supervision,and the long-term accumulation of air pollution beyond the environmental purification capacity.Environmental resources belong to public goods,which have the characteristics of exclusive exclusiveness and externality.The public goods attribute of environmental resources determines that environmental problems can not be solved only through the market.There are some similarities and commonalities in the characteristics of environmental problems and their solutions.To solve atmospheric and environmental problems such as fog and haze,it is necessary for the government to build institutional framework by means of public power and policy and law,and to promote environmental protection and maximize social and public interests combined with the way of setting up and guiding the market.As a representative of public interests,the maintenance of air quality,atmospheric environmental protection is a government job should be done,is one of the important responsibility of the government.In recent years,the problem of fog and haze continues to occur,which highlights the lack of environmental protection,reflecting the lack of responsibility for the government's environmental protection.Improving policies and laws,guiding the market,making good use of market power and guiding the public's participation and supervision are the specific responsibilities of the government in haze governance,and doing well is a necessary condition to solve the haze problem.The full text is divided into four parts.The first part mainly expounds the basic concepts and theoretical bases related to the environmental legal responsibility of the government.This paper mainly expounds the dual attributes of the concept of responsibility,and the double connotation of the environmental responsibility of the government,that is,it should not only fulfill the duties of supervision and management of statutory environmental protection,but also bear the adverse legal consequences of not fulfilling the duties of legal environmental protection,supervision and management.The main contents of the government's environmental legal liability include the scientific decision-making of social development,the establishment of a sound environmental standard system and other specific environmental protection duties,as well as the administrative punishment,state compensation and other adverse legal consequences.In terms of the theoretical basis of the government's environmental liability,citizen's environmental rights and public trust theories are undoubtedly the two excellent theories,which are the important fulcrum of this article.Understanding the emergence,development,content and practice of citizen's environmental rights and public trust theory is of great significance and value for in-depth understanding of the government's environmental liability.In view of the damage and harm of haze to the atmosphere,the government has the obligation to provide security and environment according to the theory of environmental rights and public trust.Therefore,the governance of haze is undoubtedly an important environmental legal responsibility of the government.The second part briefly reviews the serious air pollution events experienced by the United States,Japan and Great Britain after World War II,and introduces a series of practices of the government in dealing with air pollution in legislation,supervision and policy,and achieves good results.Through the investigation of developed country government air pollution control practice in western developed countries,combing the government to its full legal responsibility for environment in the process of governance experience,such as the establishment of legal system of environmental protection,establish prevention and control structure of cooperation between the government,in order to be able to borrow by constructing perfect government environment legal liability in view of haze governance in China the.The third part describes the problems of the government environmental legal responsibility in the haze governance of China from three aspects.First,the lack of legislation is not only the source of the problems of the government's environmental responsibility,but also the reflection of the government's failure to fully fulfill the responsibility of environmental supervision.Secondly,the government has not coordinated the dual role of market guidance and macro regulation.In addition,the rights and interests of different local governments and departments in the management of atmospheric environment are also conflicting.Finally,there are a large number of phenomena in the law enforcement of environmental administrative law enforcement,which aggravate the abnormal situation that the cost of law-abiding is greater than the illegal cost.The causes of these problems are complex and diverse.The primary reason is the irrational performance evaluation system supported by the unscientific concept of development,which overviews the data of economic growth and neglects the ecological environment indicators.Secondly,administrative accountability and imperfect supervision mechanism of internal organs,such as the subject,object,content,procedure and way of supervision and accountability are not perfect,which objectively encourages the abuse of environmental administrative power.Finally,due to the lack of environmental education and the difficulty of setting up non-governmental environmental protection organizations,the public's supervision power as the third party's main body is weak,which is also an important reason for the absence of government's environmental legal liability.The fourth part,focusing on the purpose of this study,combined with the reality of our country,puts forward some suggestions on improving the government environmental legal responsibility in haze governance in China.First of all,the social development and the government proposed to establish a scientific performance evaluation system,uphold the scientific and democratic principles in the development process,due to adjust and perfect the implementation of the practice of performance evaluation system of the government and the rule of law.Secondly,improve the legal system,clarifying government's environmental legal liability content,improve the operability,and focus on the establishment of civil environmental rights,strengthen the atmospheric environmental information disclosure,promote public participation and improve the legal system of environmental responsibility of the government to improve environmental litigation system four aspects.Thirdly,we need to improve the environmental administrative accountability mechanism.It is necessary to make clear the conditions of accountability,to unimpede the means of prosecution,to ensure that the procedure of accountability is transparent,and to ensure that the responsibility is carried out.Finally,we should strengthen the administrative supervision of the environment.It advocates that we should go beyond the single administrative division and establish the joint control system of air pollution,and clarify its legal status,so as to achieve efficient operation of governance authority and improve governance effectiveness.At the same time,resolutely energy transformation,adjust the industrial structure,vigorously support and promote the development of environmental protection industry,through positive and negative incentives and administrative coercive means to curb emissions of air pollutants,accelerate the exploration of rolled out emissions trading mechanism,controlling and reducing the total emissions of air pollutants.In a word,the purpose of this paper is to explore the legal responsibility of government fog and haze governance,and to contribute to the effective management of haze.