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Study On Cooperation Mechanism Of Administrative Enforcement Of Law In Inter-Regional Environment

Posted on:2018-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:P XiaoFull Text:PDF
GTID:2321330518484857Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Cross-domain environmental pollution because of its cross with the administrative divisions and has a higher degree of governance difficulties,for such pollution problems are usually cross-domain environmental administrative law enforcement to regulate,but belong to different administrative jurisdictions of the executive law enforcement agencies on the pursuit of different interests Making cross-domain environmental administrative law enforcement difficulties.I propose to strengthen cooperation in a cooperative manner to balance the interests of all parties,to achieve effective regulation of cross-regional environmental pollution.This article is divided into three parts:The first part is the basic theory of cross-regional environmental administrative law enforcement cooperation mechanism.To the typical cross-domain environmental pollution case "Songhua River water pollution incident" leads the paper.From environmental pollution to cross-domain environmental pollution,from governance to cross-domain governance,from cross-domain environmental administrative law enforcement to cross-domain environmental administrative law enforcement cooperation,the author will define the relevant concepts one by one to facilitate the reader to read,and then through cross-regional environmental administrative law enforcement And cross-domain environmental administrative law enforcement cooperation characteristics,trying to more clearly the complexity of the two show themselves.I believe that the premise of "cooperation" is to clarify the relationship between the interests of all parties involved in the relationship,and "cooperation" is the essence of the conflict,but also to resolve the contradiction between the interests of the way.Analysis of the premise and the essence of the "cooperation" function interpretation,"cooperation" function mainly through the signing of cooperation agreements,temporary coordination and control,case law enforcement cooperation in several ways to show.The second part is the existing problems and causes of the cross-regional environmental administrative law enforcement cooperation mechanism.Analysis of some existing mechanisms of cooperation,found that they are mostly through the cooperation agreement to achieve,but also from the non-institutionalization to the institutional development trend.The author believes that cross-regional environmental administrative law enforcement cooperation mechanism is greater than cross-domain environmental administrative law enforcement,although the core of the mechanism is "law enforcement",but around the "law enforcement" need to have many basic measures,otherwise law enforcement will be hollow,The These basic measures are the embodiment of cooperation from non-institutionalization to institutionalization.It is manifested in the sharing and utilization of environmental monitoring information and the regulation of cooperation agreements on cross-border environmental administrative law enforcement.At the same time,the author also believes that monitoring information sharing is not smooth,sudden environmental events early warning mechanism of semi-failure,lack of regulation of cooperation agreements these points is precisely the current cross-regional environmental administrative law enforcement cooperation mechanism of the most prominent problem,and around the law enforcement "value Target " differences,lack of trust between the various places,the inherent contradictions of law enforcement mechanisms These are the main causes of these problems.The third part is the perfect mechanism of cross-regional environmental administrative law enforcement cooperation.First,the unified environmental monitoring network is the "environmental integrity" of the basic concept of recognition,but also lay the foundation for cooperation.For this,information access to multi-source,the information fully shared,strict management of information can effectively consolidate the "cooperation" basis.Second,the improvement of environmental incidents early warning mechanism is the face of cooperation,but also the deepening of the use of environmental monitoring network,the author of the way of early warning,release and its connection with law enforcement are made recommendations.Thirdly,for the cooperation agreement on cross-border environmental administrative law enforcement cooperation,the author suggests that,without changing the existing system,the cooperation agreement can be regulated by determining the principle of mutual benefit as the primary principle and perfecting the cooperative agreement dispute relief way.But also on the arbitration to resolve cooperation disputes put forward a preliminary idea.Finally,the author also puts forward some suggestions on the two kinds of relatively concrete cooperation mechanisms of the joint administrative law enforcement mechanism and the cross-city environmental administrative enforcement mechanism.
Keywords/Search Tags:Cross-domain environment, law enforcement, Cooperation mechanism
PDF Full Text Request
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