Research On The Environmental Administrative Enforcement Cooperation Mechanism In The United States

Environmental protection in the United States started earlier and has been fruitful.After years of theoretical and practical verification,a complete and effective cooperation mechanism of environmental administrative enforcement has been gradually formed.This effectiveoperation of this mechanism effectively solves the dilemma of environmental administrative enforcement in the United States,realizes the cooperative governance between the federal and state environmental enforcement agencies and achieves the mutual benefits between the environmental enforcement agencies and the regulated entities.The dilemma in environmental enforcement facing China is similar to that in the United States,and the transformation of environmental protection idea and the evolution of environmental enforcement mode are also similar to those in the United States.Undoubtedly,the experience accumulated by the United States in environmental administrative enforcement is of great significance for the resolution of the problem facing China.With the United States environmental administrative enforcement cooperation mechanism as the research object,by systematically analyzing its formation basis,essential components and operation mechanism,this paper puts forward the localization path for China to form its own environmental enforcement cooperation mechanism based on the specific situation and reality of China.It not only enriches the theoretical system of environmental administrative enforcement in China,but also promotes the breakthrough of the predicament of environmental administrative enforcement and the innovation of environmental governance system,which has both theoretical significance and application value.The construction of the cooperation mechanism of environmental administrative enforcement in the United States is designed to improve the efficiency and effectiveness of environmental administrative enforcement.Four principles should be followed in the construction of environmental administrative enforcement cooperation mechanism in the United States : environmental results and environmental responsibility should be shared;a good mechanism should be built to promote law abiding;enforcement agencies and resources should be allocated reasonably;enforcement means and systems should be guaranteed effectively.It has the legal value of maintaining environmental order,improving environmental efficiency and realizing environmental justice.The environmental administrative enforcement cooperation mechanism in the United States is caused by the interplay of economic,political and social factors.Social and economic development has a huge impact on enforcement cooperation.The federal political system needs enforcement cooperation,and the whole society's attention to environmental protection also promotes enforcement cooperation.All these constitute the realistic basis of the environmental administrative enforcement cooperation mechanism in the United States.At the same time,the environmental enforcement cooperation mechanism in the United States benefits a lot from relevant theories in Law and Economics,Law and sociology and Administrative Law.In the process of environmental administrative enforcement in the United States,diversified cooperative means of enforcement is adopted based on the Game Theory of Law and Economics,the effectiveness of enforcement cooperation was evaluated based on the Benefit Theory,the subjects in cooperation mechanism are selected based on the Social Cybernetics of Law and sociology,and the interest relationship between the subjects are adjusted based on the Social Benefit theory.In the aspect of Administrative Law,the Welfare Administrative Law Concept,Interest Representative Mode and the theory of Cooperative Governance have great influence and promotion on enforcement cooperation.The cooperation mechanism of environmental administrative enforcement in the United States includes the regulator(environmental enforcement agency)and the regulated entity(pollutant discharge enterprise).For regulators,the establishment of institutions and the allocation of power are the basis of their cooperation in enforcement.In addition,because the relationship between the regulated entity and the supervisor is not equal,it is more necessary to set corresponding rights and obligations for regulated entity to alleviate the conflict during administrative enforcement.In the United States,the jurists represented by pound put forward the "Theory of Social Control and Interest theory",which became the interest orientation of the main body in the environmental administrative enforcement cooperation mechanism of the United States,that is,mutual benefits for the subjects in the process of enforcement cooperation are achieved by balancing the environmental interests and economic interests,public interests and individual interests.In terms of the operation of the cooperation mechanism of environmental administrative enforcement in the United States,the environmental administrative enforcement agencies ultimately maximize social welfare and maintain order,efficiency and justice by identifying and balancing various conflicts of interest.Under the non-reciprocal cooperation of environmental administrative enforcement between the federal and the state,driven by the federal government,the federal environmental protection agency and the state environmental protection agency cooperate under the Cost-Benefit Analysis by signing environmental performance cooperation agreements,launching environmental protection financial assistance and providing environmental protection technical assistance,and paying attention to the supervision and control of the state environmental administrative enforcement,so as to ensure the smooth cooperation to achieve the balance between economic interests and environmental interests.In the practice of environmental administrative enforcement by environmental enforcement agencies,the regulator and the regulated entity cooperate based on game analysis and cost-benefit considerations and with the four in one "Loss Prevention" enforcement means and the "Loss Reduction" enforcement means as the carrier.They improve the implementation effect of cooperation in enforcement through judicial review and public supervision and realize the balance between social interests and personal interests.Although the political system and specific national conditions are very different,China and the United States have certain similarities in terms of environmental administrative enforcement concepts and enforcement models.From the perspective of environmental administration idea,The process of environmental administrative enforcement in China and the United States is similar,that is,from simple supervision to cooperation;from the perspective of enforcement model,China's and the United States' environmental administrative enforcement model also experienced a similar evolution process,that is,Deterrence-Based enforcement Model to CooperationBased Model;from the perspective of the legal source of enforcement basis,although the precedent is the main legal source of the United States law,but in administrative enforcement,like China,takes codified law as the main basis.These have become the basis for our country to learn from the cooperative governance mode of American environmental enforcement agencies,and the win-win interests mode between enforcement agencies and the regulated entity.Therefore,based on the similarities and differences in environmental administrative enforcement between China and the United States,the differences in environmental management system and considering the current situation of China's ecological civilization construction,China can strengthen the coordination and cooperation of central and local environment through the establishment of central and local environmental coordination office,the promotion of central and local environmental information sharing,the application of flexible environmental protection fund assistance assistant section,the innovation of green GDP assessment method of local government,etc.;And we can achieve win-win interests between the regulators and regulated entity through the establishment of environmental administrative enforcement early warning system,the construction of environmental administrative enforcement reconciliation system.