论我国地方政府环境保护职责法定化

The Study on Legalizing Local Governments' Responsibility for Environmental Protection in China

近些年来许多学者对政府在环境保护中承担的职责的关注越来越多,但由于中央政府和地方政府存在一些职能交叉地带等原因,从而导致地方政府环境保护的主体不明、地方政府环境保护职责法定化色彩不浓、地方政府就环境问题处罚力度轻、企业违法成本低等问题。地方政府环境保护职责法定化的法律依据大多见诸在《宪法》和《环境保护法》的总体框架内。然而,当前我国地方政府环境保护职责法定化色彩并不浓厚,应当明确各级地方政府及其职能部门的环保职责及权限分工,完善环境保护中各级政府职能的法律法规,建立健全的环境行政处罚体系,使地方政府更好地履行环境保护职责。

In recent years, many scholars pay more and more attention to the government's responsibilities for environmental protection. However, since some functions that both the central government and local governments cross and overlap, there are some problems consequently, for example, local governments are not aware of the principal part of environmental protection, and do not carry out measures of protecting environment in strict accordance with laws, resulting in a light penalty and a low cost of illegal business issues.The legal bases for legalizing of local governments' responsibilities for environmental protection are mostly found in the general framework of the Constitution and the Environmental Protection Law. However, at present, the legalization of local governments' responsibilities for environmental protection in our country has not realized fully. We should clarify the responsibilities of local governments of various levels for environmental protection and the divisions of their authority, improve and perfect the laws and regulations on the functions of local government of various levels in environmental protection, and establish a sound administrative punishment system concerning environment, enabling local governments to perform their duties of environmental protection better