Research On The Legal Guarantee Mechanism Of The Ecological Environmental Protection Supervision

The construction of ecological civilization is the fundamental plan to the sustainable development of the Chinese nation.The ecological environmental protection inspection system is an important starting point for the construction of ecological civilization.This system is not only a political task for implementing the responsibility of local party committees and governments environmental governance under the leadership of the party,but also the people’s well-being project with ecological civilization.Since2016,two rounds of central ecological environmental protection inspection and a round of "look back" have been completed,and gradually achieved full coverage of provincial-level ecological environmental protection inspection.The rich practice of inspection has brought good ecological governance benefits and economic benefits,but it also faces many new problems and challenges.So it is necessary to improve the corresponding legal guarantee mechanism,and promote the orderly operation of the ecological environmental protection inspection system in an orderly manner.In addition to the introduction and conclusion,the research content of this article mainly includes the following four parts:The first part studies the actual situation of ecological environmental protection inspection,and explores the practical foundation and significance of the legal guarantee mechanism.The development of ecological environmental protection inspection has contributed to the construction of ecological civilization in our country,solved a number of outstanding ecological environment problems.And the environmental quality has been improved.The responsibilities of local party committees and governments have been continuously consolidated.The public participation in environmental protection has been increased.Combining the implementation of the second round of ecological environmental protection inspection and typical cases,the effect of inspection’s rectification is not satisfactory.The phenomenon of excessive accountability of inspectors is prominent.The quality of information disclosure is inadequate.The mass reporting channels are narrow and obstacles.The improvement of the legal guarantee mechanism for ecological environmental protection inspection is an effective way to solve practical problems,and it is also the key to ensuring the authority of inspectors and long-term operations.The second part introduces the basic situation of the construction of ecological environmental protection supervision of the legal guarantee mechanism.National laws and regulations do not directly provide for inspection and play a very small role in the implementation of inspection activities.At the central level,a guarantee mechanism with the core of the party regulations is formed.The local governments have also formulated relevant documents in accordance with the central documents and have relatively large autonomy in their formulation.The third part focuses on the deficiencies of the legal guarantee mechanism of ecological environmental protection inspection.Combining the construction of the inspection practice and the construction of the legal guarantee mechanism,there are still deficiencies in the construction of the legislative and legal articulation,the division of functions of provincial-level institutions,the rectification and acceptance of supervision plans,the accountability of inspectors,public participation,and external supervision of the power.The fourth part proposes the improvement path of the legal guarantee mechanism.It is necessary to clarify the legal positioning of the ecological environmental protection inspection system in the "Environmental Protection Law of the People’s Republic of China ",and improve the connection mechanism of laws such as the party regulations and the " Supervision Law of the People’s Republic of China ".It is necessary to clarify the functions of provincial inspection and refine the relevant regulations of provincial inspection.Adopting independence in the independence ranking The independent third-party assessment model is adopted to make up for the shortcomings of the assessment mechanisms for rectification after the inspection and cancellation cases and promote the implementation of local rectification plans.Formulate objective standards for accountability of inspectors and establish a responsibility list system to refine the current accountability mechanism for inspection and ensure the accuracy of accountability.At the same time,a fault-tolerant mechanism should be established to ensure the innovation and reform of ecological environmental governance of the local governments.Clarifying the scope of supervision information disclosure,strengthening public participation and publicity,broadening participation channels,and building incentive mechanisms can increase enthusiasm for participation.To strengthen the external supervision mechanism of the power,it is necessary to promote the parallel supervision of public,the national and local people’s congress supervision and online media supervision.