政府环境责任理论基础探析

Research on the Theoretical Basis of Environmental Responsibility of Government

理论界以往对政府环境责任理论基础的认识不够准确。政府环境责任的基础应为公众环境利益。公众环境利益本质上是一种社会利益,只能以法益的形式为法律所确认和保护,它具有主体共同性、客体整体性和救济彻底性等特征。美国环境法治的实践也表明公众环境利益是政府环境责任乃至整个现代环境法的基石。我国现有立法在此方面规定不够明确,应加以补充完善。明确政府环境责任的公益基础具有重要的现实意义。

In the theory field, the traditional understanding to the theoretical basis of government environmental responsibility was not accurate. The theoretical basis of government environmental responsibility should be based on the public environmental interest, for it is one kind of social interest in essence and can only be confirmed and protected by law in the form of legal interest, and it has the characteristics such as mutual subject, integral object, thorough relief, etc. The practice of the rule of environmental law in America also indicates that the public environmental interest is the footstone of government environmental responsibility and also of the entire modern environmental laws. But it has not be prescribed definitely in the present legislation of China, so it should be improved. To define the public interest basis of the government environmental responsibility has important realistic meaning.