社会源危险废弃物治理中的政府责任:依据、问题与合理界定

Government Responsibility in the Governance of Social-Source Hazardous Waste: Basis, Problem and Reasonable Definition

由社会源危险废弃物引发的环境污染与资源浪费问题已日趋凸显,给危险废物监管提出了严峻挑战。文章系统阐述了政府承担社会源危险废弃物治理责任的理论基础与现实依据,进而提炼和归纳出该政府责任的应然内涵。以此为基础,深入剖析当前政府承担社会源危险治理责任所面临的突出困境:责任主体边界模糊、责任配置上权责失当、责任方式上重行政管制轻自主引导、责任履行中"越位"与"缺位"并存。建议在遵循政府主导、多元共治、权责一致原则的基础上,采取分类、分项、分层、分步的方法来构建社会源危险废弃物治理中的政府责任框架。

The problems of environmental pollution and resource waste have become increasingly prominent caused by socialsource hazardous waste, which has been a serious challenge to the environmental management. This article analyzes the theoretical and realistic basis of the government responsibility for the management of social-source hazardous waste, and then summarizes the connotation of government responsibility. On this basis, the paper deeply analyzes the problems that faced by government： The main responsibility is vague, authority and responsibility are inappropriate; over emphasizing administrative control and light self-guidance, power offside and absence of accountability. It is suggested that we should follow the principle of government-led, multi-governance, consent of power and responsibility, then use the methods of classification, sub-item, stratification and step-by-step to outline the government responsibility framework of social-source hazardous waste governance.