论政府环境责任的缺陷与健全

政府环境责任的缺陷和不足,是环境保护领域政府失灵、环境法律失灵的一个重要原因。我国政府环境责任的缺陷主要体现在"重政府经济责任,轻政府环境责任"、"重企业环境义务和追究企业环境责任,轻政府环境义务和追究政府环境责任"、"重政府环境权力,轻政府环境义务"等八个方面。通过阐明健全政府环境责任的法理基础、指导思想和原则,提出建立健全政府环境责任的体系和制度的建议。

On Flaw and Perfection Government Environmental Responsibility and Legal Liability

The flaw and deficiency of government environmental responsibility and legal liability is an important reason for the failure of government and environmental law in environmental protection.Defects of goverment environmental responsibility and legal liability in our country are mainly embodied in eight aspects,such as "emphasize economic responsibility and legal liability while de-emphasize government environmental responsibility and legal liability ","emphasize enterprise's environment obligations and their legal liability while de-emphasize government environmental obligations and its legal liability",and "emphasize government environmental powers while de-emphasize government environmental obligations "etc.The paper states the legal theory basis,guideline and principle of government environmental responsibility and legal liability,in addition,proposes some suggestions on establishing and a sound system and institution of government environmental responsibility and legal liability.