Tan Hongjian, Law School
Abstract: In November 2012, the 18th National Congress of the Communist Party of China made a strategic decision to vigorously promote the construction of ecological civilization from a new historical starting point. On May 5, 2015, the Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of Ecological Civilization were released. In October, with the convening of the Fifth Plenary Session of the 18th Central Committee, enhancing ecological civilization construction was included for the first time in the national five-year construction plan. The construction of ecological civilization has been given such attention for the first time, which reflects the increasingly serious reality of environmental pollution. The situation of environmental pollution has reached a very severe level. Economic development cannot come at the cost of damaging the environment, and sustainable development must be based on harmonious coexistence between humans and nature. In the foreseeable future, addressing environmental pollution and developing the economy will be two equally important topics, and the government, which bears the responsibility of environmental pollution control, has a heavy and long way to go.
This article attempts to study the underlying issues behind the difficulty in achieving effective environmental pollution control from the perspective of the legal responsibilities of the government in China's environmental pollution control. The aim is to compile an effective set of methods to help the government effectively control environmental pollution. Using literature analysis, comprehensive comparative research, and systematic analysis methods to study the responsibilities of the government in controlling environmental pollution. Research has found that there are problems with the government's legal responsibilities in environmental pollution control in China, such as incomplete institutional regulations, unclear concepts, unclear responsibilities, unreasonable institutional regulations, lack of effective law enforcement mechanisms, and deficiencies in the supervision system. Therefore, this article attempts to analyze the legal responsibilities of the government in environmental pollution control in China from the perspective of administrative law. It combines government legal powers and responsibilities to clarify the meaning of government legal responsibilities. By improving legislation, the role of the government in environmental pollution control is clarified, the scope of responsibilities is clarified, and reasonable suggestions are proposed for building a complete law enforcement procedure and improving the supervision system. Explore the comprehensive coordination of pollution control work with the State Council as the highest leadership, with provincial, autonomous region, and municipality governments responsible for supervision and implementation, and city and county governments as specific implementers. Clearly define the responsibilities of governments at all levels in the process of pollution control, and establish a scientific and reasonable evaluation mechanism for environmental pollution control. Drawing on the experience of Western governments in pollution control, constructing a government environmental pollution control responsibility system that is in line with China's current national conditions, thereby improving the government's environmental pollution control capabilities, accelerating the construction of an ecological civilization society, and ultimately achieving sustainable development.
Read the article here:
我国环境污染治理政府法律职责研究_覃鸿坚.pdf