Research On Obstacles & Countermeasures For Environmental Law Enforcement

The ecological environment is the basis of harmony between man and nature , and the environmental pollution is the most important obstacles that impeding the development and the survival of human society.Environmental problems are the most serious threat to modern society. Since the 1980s, China achieved a rapid development of the national economy, but also paid a heavy environmental cost. High pollution and high energy-consuming industries in the national economy occupies important position. Which far exceeded the total amount of pollutants the environment carrying capacity, long-term accumulation of environmental issues have not been resolved, new environmental problems also continue to have, in some areas , the environmental pollution and ecological deterioration has come to a very serious extent. Developed over 100 years of industrialization process of phased emerging environmental issues in China has concentrated there, which have brought tremendous pressure to China's environmental protection efforts. How to coordinate environmental protection and economic development, is the most important issue which the environmental protection department and our government faces. The Environmental administrative law enforcement is the environmental legal system's important link, is the most main way which the environmental laws and regulations realize. However, as to our country's present situation, the national environmental protection policy, the laws and regulations and the government order can not obtain the effective execution, the administrative enforcement of environmental law has not played the proper role, and the government can not effectively deal with increasingly serious environmental crisis. Does not abide by the law, does not enforce the law strictly, replaces the law with the order, replaces the penalty with the fine to be more common, between various areas, between various environmental law enforcement agencies, the development of the law enforcement work was very not still balanced, and even in some places the environmental protection law enforcement agencies incomplete. The administrative enforcement of environmental law is the important component of the environmental protection work , and is the important safeguard which realizes the national environmental protection goal. Discussion and Analysis the obstacles to China's Environmental administrative law enforcement and seek appropriate ways to remove these obstacles will undoubtedly have important practical significance.This article embarked from the present situation of Environmental administrative law enforcement, analysis and research the reasons for obstacles of the environmental administrative law enforcement on judicial and legislative ,and made a number of operational measures ,so that it can enhance the law enforcement environment legal and social effect in China. The full article analyzed the history of the Environmental administrative law enforcement of our country, the disorders to the Environmental administrative law enforcement and the model of overseas Environmental administrative law enforcement. The article tried to find solutions to the problem in the environmental enforcement and propose the corresponding legal Countermeasures. It will provide certain theory help to construct a set of environmental administrative law enforcement system which can adapt the current situation of our country.