Research On Government's Environmental Legal Liability From The Perspective Of Ecological Civilization

Ecological civilization formally entered the constitution in March 2018,which fully improved the legal status of ecological civilization.The economy and the ecological environment develop in inverse proportion.The government,as the trustee of the people's rights,also occupies the position of leader in the social governance,and should give full play to its role.However,in practice,the inaction of the government and its staff or the lack of timely post-processing of the environmental accident lead to the inadequate implementation of the environmental legal responsibility of the government,which has become an important obstacle to the rule of law for the environment.This paper discusses the environmental legal liability through five aspects.The first part briefly combs the environmental legal responsibility of the government,which plays an important role in understanding the problems existing in the environmental legal responsibility of the government and putting forward some suggestions.The second part begins with the classification of the government's environmental legal responsibility,fully analyzes the problems,and summarizes the experience and lessons.On the basis of the new Environmental Protection Law,the third part analyzes the current situation of the government's environmental legal responsibility,and the advantages and disadvantages of the current law according to the relevant documents issued by other regions.The fourth part points out the advanced experience of the United States,Japan and Russia by a comparative method.Our country promotes the green development to provide the reference.The fifth part puts forward five suggestions.First,from the division of responsibility and power between the central and local governments,referring to the specific economicsituation and the implementation of the environmental protection work of the local governments,the functions and powers of the central and local governments are clarified and specified.In order to prevent the adverse effects caused by asymmetric information;The second is to perfect the supervision system mechanism of higher-level government and the public,mainly from two aspects: strictly carrying out the principle of public participation and expanding plaintiff's suitable scope;The third is to clarify the functions and powers of environmental supervision between local governments,mainly by ensuring the legitimacy of supervision and setting up special environmental supervision bodies.Perfect;The fourth is to strengthen the accountability of the government's environmental legal responsibility,mainly to give more powers to the subject of accountability and expand the scope of accepting cases in administrative litigation.In addition,the accountability procedures need to be standardized,and strict restrictions are needed for the return of accountable leaders;Fifthly,to further improve the cross-regional governance mechanism,specific solutions are needed in the way of difficult cooperation among multiple governments,specific cooperation agreements are signed to guarantee the stability of cooperation relations,and communication platforms can also be established.Facilitate the exchange of administrative regions,but also facilitate public participation in supervision.