论环境影响评价制度中的法律责任

发布时间：2018-08-11 08:36

【摘要】：环境影响评价法律责任是指行为人因违反环境影响评价制度而应承担的法律上的不利后果。从理论上说,环境影响评价法律责任是对生态整体主义的呼应,是对环境行为的负外部性的应对,也是对环境权的有力保障。从实践来看,作为环境影响评价制度的保障,环境影响评价法律责任具有惩罚、预防、教育与救济的功能。环境影响评价法律责任的主体主要是被评价方、评价方、审批方,其责任承担形式包括行政责任、刑事责任和民事责任三种。以责任承担形式的视角分析我国环境影响评价制度的法律责任,首先,我国环境影响评价行政责任存在罚款权的设置不合理,罚责不相适应,审批方的行政责任有名无实以及部分行政责任缺失的不足,而“限期补办”的规定则直接导致环境影响评价制度形同虚设。因此,合理设置罚款权,坚持罚责一致,引入环境公益诉讼,完善行政法律责任体系,取消“补办制度”的规定。其次,我国环境影响评价刑事责任的规定也存在主体范围过窄,缺乏相应的罪名,极少考虑环境犯罪的生态价值的弊端。所以,必须扩大刑事责任主体的范围,增加“违反环境影响评价罪”,并完善现有罪名的犯罪构成要件。最后,我国环境影响评价民事责任的承担方式规定不合理,环境民事损害补偿制度缺失。因此,完善承担方式,构建环境民事损害补偿制度是健全环境影响评价民事责任的因应之策。
[Abstract]:The legal liability of environmental impact assessment refers to the adverse legal consequences that the perpetrator should bear for violating the environmental impact assessment system. Theoretically speaking, the legal responsibility of environmental impact assessment is the echo of eco-holism, the negative externality of environmental behavior, and the protection of environmental rights. In practice, as the guarantee of environmental impact assessment system, the legal responsibility of environmental impact assessment has the functions of punishment, prevention, education and relief. The main body of legal liability for environmental impact assessment is the party to be evaluated and the examining and approving party. Its liability forms include administrative liability, criminal liability and civil liability. This paper analyzes the legal liability of the environmental impact assessment system in China from the perspective of the form of responsibility. Firstly, the administrative liability of environmental impact assessment in our country is unreasonable in setting up the right to fine, and the punishment and responsibility are not suitable. The examining and approving party's administrative responsibility is nominal and some administrative responsibility is lacking, and the stipulation of "limited period of time" directly leads to the virtual establishment of environmental impact assessment system. Therefore, we should set up the right of fine reasonably, insist on the consistency of punishment and responsibility, introduce environmental public interest litigation, perfect the system of administrative legal responsibility, and cancel the stipulation of "supplementary system". Secondly, the provisions of criminal liability for environmental impact assessment in China also exist in the scope of the subject is too narrow, the lack of corresponding charges, very little consideration of the ecological value of environmental crime shortcomings. Therefore, the scope of the subject of criminal responsibility must be expanded, the crime of violating environmental impact assessment should be added, and the constitutive elements of the existing crime should be perfected. Finally, the way to assume the civil liability for environmental impact assessment is unreasonable and the compensation system for environmental civil damage is missing. Therefore, perfecting the way of undertaking and constructing the system of compensation for environmental civil damage are the countermeasures to perfect the civil liability of environmental impact assessment.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;X820.3

【引证文献】