政府环境法律责任的反思与重构

Rethink and Reconstruction on the Responsibility of Government Environmental Legal Responsibility

《环境保护法》与环境保护法学者往往将政府环境法律责任理解为"提升环境质量"的责任目标以及实现这一目标的具体责任。然而,《环境保护法》设置的监管责任与行为责任并不能确保责任目标的必然实现。这是因为监管责任要求政府为监管效果负责,行为责任要求政府为实施行为负责,只有要求政府为目标实现而负责的目标责任才可能与责任目标相契合。为了实现这一契合,《环境保护法》应当以环境质量标准的形式为政府设置基于环境保护需要考量的环境质量目标责任。在路径上,《环境保护法》应注重提升环境质量标准的法律地位,探寻与保证环境质量的科学性与系统性,并以环境质量目标的方式赋予政府目标责任,最终解决政府环境法律责任问题。

Environmental Law and its researchers often interpret the environmental legal responsibility of the government as the responsibility objective of "improving environmental quality" and the specific legal responsibility of achieving this objective.However, the regulatory responsibility and behavioral responsibility set by Environmental Law cannot guarantee the realization of the responsibility objective because the regulatory responsibility requires the government to be responsible for the regulatory effect,while the behavioral responsibility requires the government to be responsible for the implementation of the behavior.Only when the government is required to be responsible for the realization of the objective can the goal responsibility be consistent with the responsibility objective.In order to achieve this correspondence, Environmental Law should set the responsibility of environmental quality objective based on environmental protection considerations for the government in the form of environmental quality standards.As for the methods, Environmental Law should pay attention to improving the legal status of environmental quality standards, exploring and ensuring the scientific and systematic nature of the quality, and endowing the government with the responsibility of the goals in the form of the quality objectives, so as to solve the problem of the government’s environmental legal responsibility..