Journal of Jishou University(Social Sciences Edition) ›› 2023, Vol. 44 ›› Issue (1): 44-55.DOI: 10.13438/j.cnki.jdxb.2023.01.006

• Law • Previous Articles     Next Articles

The Perfection of the Accountability System for Ecological and Environmental Damage of Party and Government Leading Cadres—The Complementarity and Integration between Party Regulations and State Laws

GAO Lihong,LI Yin   

  1. (1.School of Law,Zhongnan University of Economics and Law,Wuhan 430073,China;2.People's Procuratorate of Henan Province,Zhengzhou 450008,China)
  • Online:2023-01-01 Published:2023-02-23

Abstract: The accountability system of ecological and environmental damage of Party and government leading cadres is a major institutional innovation to strengthen their responsibility of ecological,environmental and resource protection.However,the system,which extends across the Party rules and state laws,is facing some problems at present,such as logical conflicts of norms,different value standards and insufficient guiding function.In the practice of socialist rule of law and power operation in China,both Party regulations and state laws are important resources of the national governance system.To give full play to the evaluation and guidance functions of the ecological and environmental damage accountability system,we should complement and integrate Party regulations and state laws in the damage accountability system,that is,to promote the consistency of norms related to damage accountability,and to be guided by the value goal of the legal evaluation system.The relevant norms of governing the Party according to rules and government self-regulation will be integrated into the legal value evaluation system,and the damage accountability system will be constructed and integrated within the boundaries and functions of Party regulations and state legal regulations.In the specific realization path,we can accurately define the scope of liability objects through systematic interpretation,distinguish regulatory functions,regulate Party affairs with Party regulations,and produce spillover effects to enhance the government's legal ability to perform its duties.At the same time,we can sort out the forms of responsibility and clarify the identification standards and forms of various types of responsibility,so as to improve the accountability system for ecological and environmental damage.

Key words: Party and government leading cadres, ecological and environmental damage, accountability, Party regulations, state laws

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