Lack of Administrative Responsibility’ Set on Environmental Regulation and its Causes
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    Abstract:

    There exist more prominent problems on the lack of administrative responsibility on environmental regulation in current environmental laws and regulations in China. The setting body of administrative responsibility for environmental regulation is more confusing, setting up of the norms between administrative responsibility and obligations for environmental regulation is lack of reasonable correspondence and cohesion, the setting of administrative responsibility on environmental regulation is serious imbalance in terms of the responsibility of administrative counterpart, the clause of the administrative responsibility on environmental regulation generally lacks of normative, the setting form of administrative responsibility on environmental regulation is single and the responsibility setting of enquirers or supervisors of the administrative responsibility on environmental regulation is rare. These are all the main manifestations represented the lack of administrative responsibility on environmental regulation. The causes that result in the lack of environmental administrative responsibility’ set are diverse and complex. Most direct and important reasons are as follows: the bondage of traditional ideas, such as “officialdom standard”, which is the most representative, the constraints of the executive-led legislature mode, the characteristics driven of ‘economic man’ of legislative body out of control, the boost of legislative and execute weak restraint and the fetters of the enforcement environment elements of poor environmental regulation.

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刘志坚.环境监管行政责任设定缺失及其成因分析[J].重庆大学学报社会科学版,2014,20(2):105~114

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History
  • Received:July 18,2013
  • Revised:
  • Adopted:
  • Online: December 08,2014
  • Published: