Study On Equilibrium Of Environmental Law Enforcement

"The Equilibrium" is the core concept and value targets of this article. After meticulously describing the origin of the Equilibrium theory, the article creatively brings forward the Equilibrium theory of the environmental law:the analysis of the supply and demand is the basis; the contrast of the subjects, balance of the interest, and the cost--benefit analysis is the primary analysis tool; achieving environmental justice is the ultimate goal. Due to the realistic difficulties of the environmental law enforcement, the article puts forward the necessity of applying the Equilibrium theory to the research of the environmental law enforcement based on the analysis of the unbalance of the current environment law enforcement. Afterwards, the article uses the environmental law enforcement process for clues to further analyses and proves the feasibility and necessity of apply of the Equilibrium theory from the aspects of environmental law enforcement procedure, the evidence and the result."Equilibrium theory of environmental law enforcement procedure" starts from the structure of the environmental law enforcement procedure and deduces the essence of the environmental law enforcement procedure balance after a detailed analysis of the subject relations, process and value. It also empirical researches how to apply balance theory to the actual environmental law enforcement procedure by using the example that the public join in the environmental influence evaluation procedure."Equilibrium theory of environmental law enforcement evidence", combined with examples, analyses the current regulation of the environmental administrative evidence and proves the defects of the proof regulation from the perspective of collection, filtration and judgment of the evidence. It also poses multivariate and equalization suggestion."Equilibrium theory of environmental law enforcement result", under the background of uncertainty, discusses the optimization of environmental law enforcement results from the perspective of selection. Equilibrium theory is the main guiding concept and discriminant tool for the result of each link-the selection of the law enforcement content, the application of legal provisions and the determination of the legal responsibility degree.