政府生态责任终身追究制的释读与构建

Interpretation and Construction of Lifelong Accountability of Government Responsibility in Ecological Governance

政府生态责任终身追究制的兴起是建设责任政府和生态型政府的必然要求。生态环境问题的隐蔽性和长期性,我国现行党政干部任职的短期性和流动性特征,使破解政府生态环境保护失职与失责以及责任追究成为难题。构建生态责任终身追究制将有利于进一步增强政府的生态责任心、生态公信力、生态公平性以及生态治理能力与水平。但是,目前政府生态责任终身追究启动标准不确定,追究主体、追究对象、责任承担形式均不明晰,配套制度也不完善。政府生态责任终身追究的理论基础是"人性恶"与"人性善"假设的统一,其制度建构则要达到启动标准的确定性与不确定性的统一、追究主体的分工与合作的统一、追究对象的分别担责与共同担责的统一、责任承担形式的法律责任与道德责任的统一以及制度建设的阶段性与过程性的统一。

The emergence of the lifelong accountability of governmental responsibility in ecological governance is the necessary requirement of the building of responsibility-oriented and ecology-oriented government. The implicitness and long- term nature of ecological and environmental problems, together with the short-term nature and mobility of CPC and govern- mental officials in contemporary China, have made it difficult to solve the problems of negligent default in environmental pro- tection and accountability for government responsibility. The construction of lifelong accountability of government responsibili- ty in ecological govemance can further enhance the government＇s eco-responsibility, ecological credibility, fairness and capac- ity in ecological governance. However, the current initiation standard of government accountability in ecological governance is affected with uncertainty, with blurred definition of subject, object, and methods of accountability and incomplete supporting system. The theoretical basis for the lifelong accountability of government responsibility in ecological governance is the unified hypothesis of ＂human evil＂ and ＂human goodness＂. Its system construction should result in unification between certainty and uncertainty of initiation standard, unification between the division of responsibility and collaboration in accountability sub- jects, unification between separate accountability and shared responsibility, unification between legal responsibility and moral responsibility, and unification between stage-specific results and process-specific results in institution building.