论环境治理中的政府责任

The Government Responsibility in Environment Governance

完善环境治理中的政府责任是建设法治政府和生态文明的客观要求,同时也是现代民主政治不断发展的重要标志。环境问题业已成为制约中国社会经济发展的瓶颈,然而作为社会治理主体的政府,其在环境治理中的责任发挥并不充分。在阐释政府责任的意蕴、政府责任存在的理论基础之上,从法律视角探析了中国环境治理中政府责任的逻辑缺失主要表现为政府责任的缺位、虚位和越位。对于中国环境治理中政府责任的现实问题,需要从加强政府环境责任的固定化、有效化和司法化三个方面予以完善,从而填补政府责任的法律空缺,加强环境治理。

Improving the government responsibility in environment governance is not only the objective requirement of build- ing a government under the rule of law and the ecological civilization, but also an important symbol of modern democratic po- litical development. The environmental problem has become a bottleneck restricting national economic and social develop- ment, but as a social governance body, the government＇s environment governance responsibilities do not play a full role. On the basis of the connotation and theoretical basis of the government responsibility, the logic lack of government responsibility of environment governance in China is mainly manifested in the absence, phantom and offside from the perspective of law. Be- cause of the practical problems of government responsibility in environment governance in China, we need to strengthen the government＇s environment responsibility from immobility, effectiveness and judicialization of government responsibility, so as to fill the legal vacancy of the government responsibility and strengthen environmental governance.