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近年来,环境保护领域公共事件频发。究其原因,主要是政府及其环保职能部门不作为,忽视其本应承担的环境保护责任,其实质是地方政府环境责任的缺失。政府环境责任包含政府对环境保护所承担的的道义责任、法定职责、法律责任三个层面。本文以对政府环境责任的解释为逻辑起点,分析了地方政府承担环境责任的理论基础,提出了地方政府环境保护义务的主要范畴,并阐述了地方政府环境保护责任包括政治责任和法律责任。地方政府环境法律责任包括违宪责任、行政责任和刑事责任。
In recent years, public events in the field of environmental protection have been frequent. The main reason is that the government and its environmental protection departments do not act, neglect the responsibility of environmental protection they should undertake. The essence is the lack of environmental responsibility of local governments. Government environmental responsibility includes the government’s moral responsibility to environmental protection, statutory responsibility, legal responsibility at three levels. Based on the logical explanation of the environmental responsibility of the government, this paper analyzes the theoretical basis of local governments’ commitment to environmental responsibility, puts forward the main categories of environmental protection obligations of local governments, and expounds the responsibilities of local governments for environmental protection including political responsibility and legal responsibility. Local government environmental legal responsibilities include the constitutional responsibility, administrative responsibility and criminal responsibility.