QIN Hongjian    Law School

Abstract: In November 2012, the 18th National Congress of the CPC 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 CPC Central Committee and The State Council on Accelerating the Construction of Ecological Civilization were released. In October, with the Fifth Plenary Session of the 18th CPC Central Committee, enhancing the construction of ecological civilization was written into the national five-year construction plan for the first time. The construction of ecological civilization has been paid so much attention for the first time, which reflects the reality of increasingly serious environmental pollution, and the situation of environmental pollution has reached a very serious point. Economic development should not be at the cost of destroying the environment, and sustainable development must be based on harmony between man and nature. In the foreseeable future, environmental pollution control and economic development will be two equal topics, and the government that takes the responsibility of environmental pollution control has a long way to go. This paper attempts to study the problems behind the difficulty of environmental pollution control from the Angle of the legal responsibility of the government of our country, in order to sort out a set of effective methods to help the government effectively control environmental pollution. Through literature analysis, comprehensive comparative research and systematic analysis, the government's responsibility in environmental pollution control is studied. It is found that the government's legal responsibilities in environmental pollution control in our country have some problems, such as imperfect system provisions, ambiguous concept, unclear responsibilities, unreasonable system provisions, lack of effective law enforcement mechanism and defects in the supervision system. Therefore, this paper attempts to analyze the meaning of the government's legal responsibility for environmental pollution control from the field of administrative law, and clarify the meaning of the government's legal responsibility by combining the government's legal authority and the government's legal responsibility. Through improving legislation, the government's role in environmental pollution control is clearly defined, the scope of responsibility is clear, and reasonable aspects such as the construction of complete law enforcement procedures and the improvement of supervision system are proposed The advice of change. It is discussed that The State Council should be the highest leading organ in overall coordinating the pollution control work, with the governments of provinces, autonomous regions and municipalities directly under the Central government in charge of supervision and implementation, and the municipal and county governments as specific implemutors. Clarify 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. By referring to the experience of western governments in pollution control, we should build a government responsibility system for environmental pollution control that is in line with the actual situation of our country, so as to improve the government's ability of environmental pollution control, accelerate the construction of an ecological civilization society, and finally realize 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