论政府环境法律责任——以政府对环境质量负责为基点

On the Government's Environmental Responsibility and Liability——Based on the Government Responsibility for the Environmental Quality

政府是环境保护的主导力量,但是在许多情况下也是造成环境恶化的根源,完善政府的环境法律责任是中国环境立法的当务之急。本文从政府对环境质量负责为基点去探究政府环境法律责任的设计和配置,认为这一规定是环境立法中确立新的行政理念的基础,也是完善政府环境法律职责和法律责任的依据。

The government plays a leading role in the environmental protection, but in many cases, the government is also the cause of environmental degradation. It is an urgent task of China＇s environmental legislation to improve the government＇s environmental duty and liability. The legislation requires the gov- ernment to hold the responsibility for the environmental quality. This paper tries to explain this significance from the angles of public administration and law, holds that this provision provides the legal basis to the establishment of a totally new service administrative conception, and further defines the government＇s duties, obligations and rights in the filed of environmental protection.