我国现行《环境保护法》的法律责任设计存在下述缺陷:责任主体单一,只注重行政相对人的责任,忽视了对地方政府和环境资源监管部门的约束;责任形式单一,过于依赖行政处罚,缺乏配套的民事、刑事责任;部分行政处罚的设计不合理;“限批”措施虽行之有效,但尚无明确的法律依据。在责任追究方面,缺乏公共环境损害的追偿机制和公众的诉讼监督机制。因此需要在修订时增设地方政府、环境资源监管部门的法律责任,改进行政处罚的设计,将相对人的行政处罚与民事、刑事责任追究连接起来,同时建立公益诉讼制度,赋予环境资源监管部门、公民和环保组织公益诉讼权。 China's current “Environmental Protection Law” legal liability design has the following defects: the main responsibility of a single, only pay attention to the responsibility of the administrative counterparts, ignoring the constraints on local governments and environmental resources regulatory authorities; a single responsibility, over-reliance on administrative penalties, Lack of supporting civil and criminal responsibility; some of the administrative penalties are not designed properly; and the “limited and approved” measures are effective, but there is no clear legal basis. In terms of accountability, there is a lack of recovery mechanism for public environmental damage and public litigation supervision mechanism. Therefore, it is necessary to establish the legal responsibility of local government and environmental resource supervision department at the time of revision, improve the design of administrative punishment, connect the administrative penalty of relative person with the investigation of civil and criminal liability, establish public interest litigation system at the same time, Citizens and environmental organizations public interest litigation right.