A Research Report On Environmental Law Enforcement Of Zhuhai City

As the primary means of environmental quality supervision,the environmental law enforcement has attracted increasing attention as well as high public expectation in recent years.However,the effectiveness of environmental law enforcement was far from satisfactory.This report focuses on the factors and their backgrounds of environmental law enforcement in the city Zhuhai,from 2012 to 2018,including the gross domestic product,development of industrial enterprises,changes in pollutant emissions,changes in water environmental quality,atmospheric environmental quality and ranking,public satisfaction with the environment,environmental law enforcement etc.At the same time,it also looks into the law enforcement mechanism,the composition of the law enforcement team,the scope of environmental law enforcement,and the accountability mechanism concerned.Based on such investigation,the report analyzes the problems faced by environmental law enforcement in Zhuhai and the root causes of such problems from five aspects,namely,the inadequacies of environmental law enforcement system,such as the difficulties in implementing unified supervision and management system,the overlapping function of law enforcement authorities,the lack of incentives mechanism,as well as such position as Chief Compliance Officer,and the unpractical nature of environmental law and regulations.Environmental law enforcement tasks are too heavy,there are too many law enforcement targets,long law enforcement chain,fierce conflicts between industrial enterprises and residents,and frequent occurrence of environmental noncompliance.The insufficiency of environmental law enforcement resources,such as serious shortages of law enforcement personnel,the mismatch in age of the enforcement staff,the lack of professionalism,the insufficiency of law enforcement vehicles,and insufficient monitoring capabilities.The system of accountability for environmental law enforcement needs to be improved,and there are problems such as the imperfect principle of accountability,the unreasonable composition of the institution responsible for accountability,and excessive accountability.Judicial remedy for environmental law enforcement needs to be improved,and there are cases where environmental crimes are insufficiently investigated,and court enforcement is not in place.Accordingly,with the consideration of the practice of Zhuhai and other cities,as well as the theory of administrative law and environmental law,the report proposes fourteen solutions for environmental law enforcement in Zhuhai,namely,measures to be taken in the environmental law enforcement system,including the adoption of the unified supervision and management system with an Environmental Committee,and the establishment of professional ecological environment law enforcement agencies,the enhancement of law enforcement personnel career guarantee system,the origination of a Chief Compliance Officer mechanism,and the improvement of the operability of environmental law enforcement regulations.The strengthen of law enforcement resources,such as the increase in law enforcement personnel and the improvement of the age structure,the upgrading of specialism and environmental monitoring capabilities,and the reform of the hazardous waste disposal system.The improvement of the accountability system,including the adoption of the principle of liability for fault.The foundation of a professional investigation team,and a list of exemptions for law enforcement personnel.The strengthen of judicial remedies for environmental law enforcement,such as the investigation and handling of environmental cases by public security departments,the establishment of judicial acknowledgment system for enviromental dispute mediation,and the reform of the enforcement mechanism for administrative cases.