Research On The Improvement Of Environmental Public Responsibility System In China

With the continuous attention to environmental pollution,the research on environmental public responsibility is also deepening.The issue of environmental public responsibility has not only become a hot topic of discussion in the field of environmental protection,but also gradually become the focus of legislative attention.This paper mainly focus on environmental public interests,and through the analysis of the environmental public civil liability and environmental public administrative responsibility,and remedial environmental public responsibility and punitive environmental public responsibility relationship,to explore the reasonable relationship of responsibility type setting,aims to improve the environmental public responsibility system.On the one hand,in the discussion of the relationship between environmental public welfare civil liability and environmental public welfare administrative liability,it mainly reflects the concern to the basic attribute of environmental public welfare responsibility.Under the background that the attribute of environmental public welfare liability is identified as civil liability with generalization and legislation,the administrative responsibility attribute of environmental public welfare liability is ignored,which makes the attribute of environmental public welfare liability appear dual and affects the setting of environmental public welfare responsibility type.The responsibility of environmental public welfare is based on the premise of violating the environmental protection obligations established by the public law,and the administrative organs also shoulder the legal duty of maintaining environmental public welfare.This paper advocates that the responsibility of environmental public welfare should be administrative responsibility,and the responsibility of environmental public welfare should return to unity.On the other hand,this paper focuses on the relationship setting between remedial environmental public welfare responsibility and punitive environmental public welfare responsibility,and proposes that a healthy environmental public welfare responsibility type system should be based on remedial environmental public welfare responsibility and supplemented by punitive environmental public welfare responsibility.The setting of two responsibility types with different functions is the key to improve the environmental public welfare responsibility type system.It aims to deal with environmental public welfare damage more effectively,solve the imbalance of the proportion between the total amount of responsibility and the amount of case damage,and truly realize the environmental law enforcement goal of "who pollutes,who controls".