| China’s environmental problem is increasingly serious, had become restrict our country social economy development, and the economic globalization is a major problem, especially after China’s reform and opening up, with the development of China’s economy, the rise of modern industry like a raging fire, economic development is a double-edged sword, development also brought increasingly serious environmental issues, threatening the human life and property safety, and after the first pollution control approach has not fundamentally reversed. Environmental situation is still very grim. Our country is rich in natural resources, but as human development and construction speed, the human destruction of natural resources is increasing, China’s annual natural resource type and number in a drastically reduced, and the production of human life demands on natural resources have increased year by year, which formed the contradiction. The production of human life but also cause pollution to the environment, resulting in the deterioration of the human environment. The strengthening of environmental protection, the key is to perfect the mechanism of, based on how to perfect our environmental protection mechanism for this purpose to do further exploration and research.For China’s environmental protection mechanism mainly in the aspect of legislation, law enforcement, judicial aspects to analyze. In the aspect of legislation, environmental legislation in our country lack, also caused serious environmental pollution cause. China’s existing environmental legislation focused mainly on the government environmental responsibility provisions and specific management system, the lack of a fundamental safeguard of citizen’s environmental right in law. But the government in exercising environmental responsibilities, due to the local economic growth seriously to wait for all sorts of reasons, to ignore the protection of the environment, make the government is indolent in exercising its environmental responsibilities, or for environmental pollution phenomenon not as, resulting in China’s environmental problem is serious, the environmental protection mechanism.In China environmental protection mechanism in the law enforcement, the implementation of China’s environmental law relying mainly on administrative power of government intervention and regulation for environmental pollution, and not to rely on private power to supervise, rely on the government’s administrative power of polluting enterprises to sanctions, often formed after the first pollution control situation, or to form the government and the closure of some environmental pollution enterprises after a period of time, these enterprises a stirring among the dry bones, to production, continue to pollute the environment situation, therefore rely solely on administrative power of the government to protect environment, is clearly not enough. China’s environmental law enforcement in environmental administrative punishment, not timely punishment after the inspector, in punishment, pollution still exists. China’s environmental management department in the management authority has responsibilities are not clear, cross the phenomenon of law enforcement.In China environmental protection mechanism in the administration of justice, environmental tort action is three years, and as a result of environmental pollution behavior itself particularity, environmental pollution damage may not be immediately apparent, but the environment right infringement civil procedure three years of litigation, effectiveness for a given period of time is too short, not conducive to protect environment problems of victims. Our country has no special environment the case to the trial court, the environmental public interest litigation system deficiencies.On how to improve Chinese mechanism of natural resources. In the aspect of legislation, according to each of the local conditions to develop with the local characteristics of the natural resources protection law; wetland is one of the three ecosystems of the earth, and of our country natural resources protection law of wetland protection provisions, so as soon as possible to improve our natural resources protection law, which can be more comprehensive protection of nature resource. To support non-governmental conservation organizations in the existence and development of all aspects, giving them preferential, make them give full play to the role of natural resources protection. China’s natural protective mechanisms of enforcement, to clear the natural resource management agencies authority, to avoid cross law phenomenon. Improvement of previous enforcement method, for the destruction of natural behavior punishment even after the inspector. The protection of natural resources as the leadership of the government achievements evaluation system a. Government establishes the natural resource protection areas, the natural resource protection areas established within the ecosystem monitoring system. The government should increase the investment on the conservation of natural resources. China’s natural protective mechanisms of judicial perfection, establish and improve the natural resources of accident responsibility investigation system, perfect the system of environmental public interest litigation. The establishment of protection of natural resources of the court, by a natural resource specialists in the trial of cases.China’s environmental pollution prevention and control mechanism of the legislative perfection. On environmental tort identification and prevention must have powerful ministries involved. The power sector refers to the judicial system, individual and environmental charity organization for serious environmental violations of the right of prosecution, such as environmental pollution will be very powerful blow. To give the prohibited sewage enterprises to the original unit or higher level environmental protection departments to review appeals to the right. For the protection of natural resources legislation should be detailed and specific, the pollution of the environment law enforcement should build perfect environmental protection environmental non-government organizations. Environmental pollution prevention and control mechanism of the judicial aspects, environmental pollution lawsuit limitation period should be extended properly, is conducive to the protection of victims. Environmental administrative lawsuit can make environmental issues victims are also involved, incidental civil compensation. Environmental criminal procedure, criminal law for environmental criminal cases convicted standards should be detailed provisions, so that accurate conviction. On the environmental pollution crime in judicial practice due to the special protection of victims of environmental pollution, should establish the special judicial mechanisms to protect the interests of victims appeal. |