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Research on the Legal Questions of Govemmental Environmental Responsibility

Author: YangFei
Tutor: XieJunAn
School: Shijiazhuang University of Economics
Course: Environment and Resources Protection Law
Keywords: government responsibility environmental responsibility environmental protection legal system
CLC: D922.11
Type: Master's thesis
Year: 2010
Downloads: 91
Quote: 1
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Abstract

At present, the rapid development in the environmental legal system, while the over all environment has not been effectively improved in China. Some places increasing rather than reducing the degree of environmental pollution. Government failure in which the environment is an important reason. As Pan yue, vice minister of environmental protection in China noted:"The Government’s inaction on environmental protection, intervention and policy mistakes of law enforcement is the main cause long lasting source of environmental ills; Government leads, organizes, and coordinate the work of environmental and resource protection, It plays an irreplaceable role in construcing environment-friendly society and resource-conserving society. Improve environmental protection laws and systems of government liability, there is the theoretical value and practical significance.Blue algae in Tai hu Lake crisis as an example the article. through the analysis of government behavior, reveals the government to fulfill our environmental responsibility in the barrier, then the responsibility of government environmental deep-seated reasons for absence. Pointed out that the environmental problems caused by the fundamental reason is that in our environment, rule of law in the government environmental liability caused by imperfect government、failure. key performance specifications, constraints, limited government action law, the lack of appropriate judicial relief system, environmental monitoring and protection mechanisms need to be improved environmental legislation system is not perfect. In reference to overseas experience, based on our existing environmental liability rules the government proposals. Mainly through the improvement of relevant legal system, clear the government environmental responsibility, and further improve relevant systems, and implement the Government’s environmental responsibility, the establishment of Environmental Public Interest Litigation and hold government environmental liability, and improve supervision and management mechanism to oversee the Government to fulfill its environmental responsibility in four areas to reinforce the responsibility of the government environment.This paper focuses on the perspective from the law to analyze, environmental protection in the "government failure" as a starting point to explore the reasons for lack of effectiveness of environmental law, stressing that only improve the environmental responsibility of local governments, can overcome the environment in the field of government failure, guarantee the effective implementation of environmental law. In particular, the Basic Law as environmental protection, "environmental protection laws," the provisions of Government responsibilities specific recommendations, while the supervision and management on a sound mechanism for diversification of the specific measures proposed.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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