论环境立法存在的问题及其克服

On the Problems of the Environmental Legislation and Its Overcoming

环境立法的数量在整个法制建设中是增加最快的,但现行环境法的有效性不足,其主要原因在于环境立法存在问题。环境立法存在的根本问题是政府环境责任不完善,政府环境责任是指环境立法中所规定的政府在环境领域所承担的义务。政府环境责任不完善在环境立法中主要体现在:重政府环境职权轻政府环境职责,重政府环境管理轻政府环境服务,重行政相对人环境责任轻政府环境责任。要克服环境立法存在的根本性问题,必须通过拓展政府环境第一性义务和强化政府环境第二性义务,以完善政府环境责任。

The amount of environmental legislation is the most increased law in the whole legality building. However, the active environmental law has not obtained enough effectiveness, of which the main cause is that the environmental legislation has problems. The basic problem is the faultiness of the government on the environmental responsibilities. Environmental responsibility of the government means the obligation that the government should undertake in the environmental field stated in the environmental legislation. The faultiness of the government on the environmental responsibilities is as follows, attaching the importance to the environmental authority of the government and ignoring its obligation; attaching the importance to the environmental control of the government and ignoring its service; attaching the importance to the environmental duty of administrative counterpart and ignoring the obligation of the government and so on. Therefore, if we want to overcome the basic problem of the environmental legislation, we must perfect the environmental responsibility of the government through developing the first environmental responsibility of the government and strengthening its second environmental responsibility.