Government Accountability Analysis On Environmental Protection

Abstract good ecological environment is the basis of human survival and socio-economic development, but with the rapid economic development, the environment has been more and more serious damage to human survival, which is mainly the rapid development of economic, social and the carrying capacity of the environment caused by uncoordinated. Government economic development while ignoring environmental protection, does not really carry out their duties. How effective solutions to environmental problems, correctly handle the relationship between economic, social development and environmental protection, the major issues facing the world government. At present, environmental protection has become a basic national policy of China, the legal construction of ecological environment has become an important element in the construction of China's legal system, the government should be living in a dominant central role in environmental protection, market-oriented guidelines , to strengthen the implementation of the Environmental Protection Act and environmental law enforcement capacity-building to break the shackles of the old ideas, and thus play an irreplaceable key role. This article mainly describes the current environmental protection legislation, law enforcement and judicial Problems and defects of the government in environmental protection work, and then put forward the corresponding policies and measures.

The Paper Keywords Environmental Protection Government Accountability environmental legal system construction of concrete measures

Recalling the history of China's economic take-off, we can easily see: China's economic development needs of the harmony between man and nature, the need to maintain ecological balance, promoting environmental protection on the basis of the formation of a good development trend. However, the speed of China's economic development has led to environmental problems far beyond the speed of problem-solving, and the government to solve environmental problems due to legislation, law enforcement, judicial and other defects, their duties is difficult to put in place. Therefore, in order to further promote the harmonious development of economy and society, play a the leading central role of government in environmental protection has become essential. In this paper, a comparative study for further research on the status of government responsibility in the Environmental Protection through the specific analysis of the empirical analysis from four parts: The first part is the meaning defined government responsibility in environmental protection, focusing on analysis of related concepts the importance of embodiment; second part of the Government the Responsibility of analysis in environmental protection were discussed from three aspects of the legislation, law enforcement, judicial; The third part is today our government in environmental protection in the direction of reform, the author has proposed the corresponding policies and measures.

Environmental Protection Government Accountability connotation defined

In our daily life 'environment' term use of a wide range of usual sense of the environment is the sum of the external conditions around a central things, coupled with the difference of different social groups in the thinking, ideas to promote its environmental protection produce different performance. Therefore, any human activities are likely to cause environmental problems, especially in the rapid economic development in technology today, we are faced with unprecedented pressure on the environment, protection of the environment has become the key issues of human struggle for survival and development. Environmental protection, economic, administrative, legal, technology and education, and many other means, to protect and improve the living environment and ecological environment, rational use of natural resources, prevent pollution and other public hazards, making it more suitable for human survival and development. In other words, the human at the same time to achieve their economic development goals, to destroy the environment can not be at the expense, not the natural deterioration of the environment due to human life, production and construction activities, we should seek a control of environmental pollution and destruction, governance and eliminate the means, and further efforts to improve the environment and beautify the environment, protect the environment, to better adapt to the needs of human life and work.

From the Copenhagen Conference in December 2009 to discuss the Kyoto Protocol can be shown that environmental protection has become a part of the responsibility of Governments, the losses caused by the world due to pollution and damage the environment, the Chinese government on sustainable development under the guidance of commitment to environmental protection and responsibility, to take a variety of effective ways to strengthen the Government's responsibility to maintain the ecological balance. In general, these responsibilities can be roughly divided into two categories: First, the implementation of the environmental protection responsibility such as senior government policy, directives issued, the rational allocation and use of funds of environmental protection, environmental publicity and education ; Second, environmental monitoring and feedback responsibilities.

Especially the past two or three years, China Southern 'frozen' event, Blizzard North disasters and global dust weather caused the harm can not be ignored on the survival and development of the human beings, the world's environmental problems appear frequently. To this end, the countries have to take positive and effective measures for environmental governance, environmental protection has become a common action and one of the main tasks of the Government and people of the world today. China put environmental protection enacted as a basic national policy formulation and promulgation of a series of environmental protection laws and regulations, to ensure the implementation of the basic national policy. Because of our focus on emerging environmental issues in the past 20 years, relative to developed countries, in 100 years of industrialization process in stages, which indicates that one of the largest country in China is affected by environmental damage and pollution, and in the next few decades, the Chinese population, economy, resources, energy will continue to grow, which indicates that there will be increasing pressure on environmental protection in China.

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Second, the government's responsibility in environmental protection Analysis

Environment, resources, health is considered by the international community to the problem of world economic development strategy, the most noteworthy. Grim environmental situation in China, such as the understanding of the local environmental protection is not in place, environmental protection mechanisms are inadequate, failure to abide by the lax enforcement of the phenomenon is more prominent, reflecting the environmental laws and regulations as well as the management system is not perfect, the role of the government in the protection of an active role in the environment is imminent.

(A) imperfect legislation for environmental protection

In today's world, environmental protection as an industry and development, but whether it is the provisions of the law or government support, need to be maintained for this emerging industry, so that 'according to the law, the law must be law enforcement will be strict, violators are prosecuted. ' Law as a direct mandatory standards of conduct to regulate human behavior, social, economic and cultural development, guidance, assessment, prediction, education, mandatory, but it's running, there are many loopholes, seriously affecting the enforcement of environmental laws The work carried out smoothly. The first legislative abstract. By operation of law as the people's standard of behavior, abstract characteristics, environmental laws and regulations equally abstract characteristics, which led to its operability is not strong, the use of flexible; conflict between the second and regulations. At present, China's environmental protection laws and regulations and regulations, the Basic Law with a single law, a single law implementation details, the State Law and the Land Law, Environmental Law and other relevant laws between uncoordinated problem more prominent, and even some aspects there are conflicting and conflicts; statute on the blank line. China's current environmental legislation, basically covering the whole field of environmental protection, but the lack of one can really be compared with other branches of law consolidated the Basic Law, and in fact in some important areas there are still many can not according to state law enforcement agencies in the actual implementation has brought a lot of limitations.

(B) the enforcement of environmental protection imperfect
As we all know, due to the lack of coordination and cooperation between the diversification of China's environmental protection law enforcement body and the standardization of construction, and the existing environmental legislation followed by 'Who polluter pays' principle, so that the enforcement of environmental laws in the implementation process has many drawbacks , seriously affecting the legal effect of the play, which is mainly manifested in the the unreasonable management system, leadership mechanism is not perfect, inadequate law enforcement, to perform their duties are not in place in four areas. To modify the 'Environmental Protection Law', we should correctly handle the leadership of the local government for the relationship between economic development and environmental protection, to determine responsibilities and strengthen coordination between levels of government supervision, to ensure that the implementation of the environmental protection department of the method can be Paul, technical and financial support, and thus strengthen the functions of the government, the coordination and cooperation between the various departments of the balance, with a unified set of systematic environmental laws and regulations to ensure the implementation of government responsibility.

(C) The Environmental Protection imperfect judicial

A responsible government, should is a strict law enforcement, and resolutely investigate and deal with illegal and illegal acts of the government, we should establish a public, inspection, law three jointly participate in the joint mechanism, in accordance with the law to protect the law enforcement authorities of the environmental administrative law-based administration, and at the same time urge the executive authorities conscientiously perform their regulatory responsibilities for environmental protection, to play the dynamic role of the people's justice. But in reality they often appear: First of all, 'is not timely, environmental protection executive departments other departments refused to honor the non-self-responsibility and come sing 'one-man show' situation, you can not receive timely coordination and which resulted in protracted cases, severe affect the effectiveness of law enforcement. Secondly, the punishment is not enough, Environmental Protection in China 'illegal low cost, high compliance costs.' The reason is that Chinese law is not enough punishment for heavily polluting enterprises, lower the amount of punishment, the environment after the destruction of the quantitative criteria is difficult to grasp, so that the high unable to obtain full compensation for damage. Again, the judgment does not perform, due to the development of China's specific historical conditions 'administrative first' concept, so people tend to trust local government responsibilities within their respective regions there are no errors, even if contrary to the duties of the local government and environmental protection departments at higher levels, This is the so-called 'local policies' to interfere with the enforcement of environmental laws.

From this we can see that the Environmental Protection involved in a number of fields and areas, rely on the environmental protection department 'unarmed', 'conquer the world' not solve the problem, we must mobilize all forces can be mobilized to join together to protect the environment, and fully play to the strengths of all the enthusiasm to promote the coordination of the implementation and management of the environmental protection department policy, legislation, law enforcement, judicial fundamentally curb imperfect. Replenish the gaps and loopholes in the laws and regulations to be conflict of law to be changed; be a sound management system and leadership system, the full complement of law enforcement and to settle the obligation; should establish an early warning mechanism for emergencies, continue to strengthen the environmental regulatory authorities oversight responsibilities, and the establishment of punitive compensation mechanism, so that China's environmental law enforcement work can be carried out smoothly.

Third, specific measures

China, as a permanent member of the UN Security Council, should be the purpose of compliance with the world set off the environmental movement, to adapt to the ever changing international market, seeking the standard for green economic revolution. This requires that we should change the extensive mode of economic development at the same time, first, the establishment of a sound state inspection, local regulatory unit is responsible for the environmental management system, thus changing the 'sign of weakness' image of law enforcement agencies, and continue to enhance technical content and level of consciousness of environmental protection team, and thus strengthen the administration. Second, to strengthen the environmental legal system, to fill the legal void, thus improving the quality of environmental legislation, improve the legal system. Third, the rich environmental law enforcement, and strengthen the management functions, improve the law enforcement system, in order to achieve the transparency of the system. Fourth, to ensure environmental responsibility, to strengthen the implementation of the decision-making, refused to local protectionism. Fifth, improve the mechanism for public participation, and environment protection.

IV Summary

For environmental protection, the Chinese government should change the means of implementation of the policy, mainly through administrative methods means into a comprehensive use of legal, economic, social, technical and necessary administrative measures to solve environmental problems. Only by actively carry out the enforcement of environmental laws, to improve the environmental awareness of the environmental protection department of law enforcement officers, to establish a variety of management and supervision mechanism conducive to environmental protection, efforts to apply scientific and technological means to arm themselves, strengthen the integration of environmental protection and public participation mechanisms in order to continuously follow-up and implementation of China's environmental protection law enforcement, the establishment of a new, adapt to the development of new environmental protection legal system.

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