政府环境管理权责一致性研究.pdf

RESEARCH ON THE CONSISTENCY OF THE POWER AND RESPONSIBILITY IN THE GOVERNMENT ENVIRONMENTAL MANAGEMENT——FROM THE VIEW OF THE GRASS-ROOTS AGENCIES ABSTRACT Nowadays the phenomenon of inconsistencies between the authority and legal responsibility is common, especially in the grass-roots environmental protection departments. The fact of powers and responsibilities of government environmental management is inconsistent in the following areas: when the environmental events happened, environmental protection departments usually are held accountable for the acts, but the have no the power to management the issues. On the contrary, the governments do not need to take the responsibility. In the other circumstances, the environmental protection agency does not have enough power to manage it, such as Environmental monitoring, deadline management, and environmental impact assessment systems. The governments have the authority, but they don’t use it. The reasons why it is inconsistent between the power and responsibilities include four. To begin with, the legal concept of positioning is incorrect, Institutional obstacles; power configuration is not clear, the legal accountability mechanisms are inadequate and so on. It is very important to implement the balance between the power and responsibility form the viewpoints of political science, sociology of law, and management. It can be achieves the consistency in these ways: The first is to develop the law that can regulate the government, the second is to improve environmental management system, the third is to improve the