论政府环境行政责任

发布时间：2018-03-20 04:37

本文选题：政府　切入点：环境行政　出处：《山东科技大学》2009年硕士论文　论文类型：学位论文

【摘要】： 政府的环境行政责任是指政府的环境行政职责以及在不履行、不适当履行环境行政职责或违法行使环境职权时所要承担的环境行政法律责任。政府在环境保护工作中负有法定职责,在没有依法履行环境职责时要承担法律责任,这已经成为人们的共识。但是目前我国的政府环境行政责任制度本身在赋予政府环境行政职责时不够科学合理,导致实践当中,政府不能有效地履行环境职责。政府若是不履行其法定职责时,应依法承担职责不履行的不利后果,这是必然的逻辑。但是我国的环境法律制度在设计政府环境行政法律责任时亦没有与政府的环境职责协调起来,已有的责任条款不够细致,可操作性差,此外追究政府环境行政责任的机制也存在缺陷。这就导致了政府不履行或不当履行环境职责时,无法追究政府的环境行政法律责任。在这种情况下,政府在环境保护中缺位和越位的情形时有发生,不仅没有实现政府对环境质量负责这一目标,反而造成了我国的环境状况边治理边恶化的现象。要解决这一问题,必须通过完善的政府环境行政责任实现机制来约束政府行为,敦促政府依法履行其环境行政职责,并在政府没有依法履行其环境职责时,给予其应有的法律惩戒,这样才能解决政府在环境保护方面的缺位和越位,实现依法行政,在环境保护中发挥政府应有的主导作用。
[Abstract]:The environmental administrative responsibility of the government refers to the environmental administrative responsibility of the government and its failure to perform, The legal liability of environmental administration when the environmental administrative duty is not properly performed or when the environmental authority is illegally exercised. The government shall bear the legal responsibility in the environmental protection work and shall bear the legal responsibility if it fails to perform the environmental duty in accordance with the law, This has become a consensus among people. However, at present, the system of environmental administrative responsibility of the government in our country itself is not scientific and reasonable when it gives the government environmental administrative responsibilities, leading to practice. The Government is unable to perform its environmental duties effectively. If the Government fails to perform its statutory duties, it shall bear the adverse consequences of its failure to perform its duties according to law. This is an inevitable logic. However, the environmental legal system of our country has not been coordinated with the environmental responsibility of the government in designing the environmental administrative legal responsibility of the government, and the existing terms of responsibility are not detailed enough and have poor operability. In addition, there are defects in the mechanism of investigating the environmental administrative responsibility of the government. This has led to the inability of the government to hold the environmental administrative legal responsibility of the government when it fails or improperly performs its environmental duties. In this case, The absence and offside of the government in environmental protection occur from time to time. Not only has the government failed to realize the goal of government responsibility for environmental quality, but on the contrary, it has caused the phenomenon that the environmental conditions in our country are deteriorating while controlling. We must restrain the government behavior through the perfect mechanism of the government environmental administrative responsibility, urge the government to fulfill its environmental administrative duty according to law, and give it due legal punishment when the government fails to perform its environmental duty according to law. Only in this way can the government solve the absence and offside of environmental protection, realize administration according to law, and play the leading role in environmental protection.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D630.1;D922.6;D925.3

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