On Chinese Environment System

Environmental deterioration has already been the severe problem of restricting economic development and harming public health in today China. The environmental protection involves several relations such as between enterprises and local government, government departments, local governments, nation and local government. The existing system makes these interests relations more complicated: the vast majority of Chinese environmental law enforcement officers' "position" and "earning" are subject to constraints of local government, local government's concept of economic development priorities brings seriously constraints on the local environmental protection departments, Chinese environmental protection administration implement fragmentation administration mode of several departments, the relation of the environmental protection administration and other competent departments is not clear, environmental law enforcement departments have not enough power purviews, the lacking in operability of procedural laws and regulations, the lacking in public participation and supervision. The key to resolve these issues is building a set of scientific, independent and fair environmental law enforcement system. However, China still did not have a comprehensive, systematic study on this. Therefore, it is a topic with important practical significance to conduct research and analysis of the entire environmental law enforcement system, reform the structure, functions and operating mechanism of environmental law enforcement system, provide a theoretical basis and specific methods for Chinese government.In this paper, with the experience of working in environmental law enforcement units, considering the Chinese basic national conditions, the basic social system and development practice of environmental law enforcement in recent years, comparing environmental law enforcement situation with other countries, and illustrating by typical case of Chinese environmental law enforcement process, the writer sums up the definition of environmental law enforcement system, studies on the reasons for the problems of Chinese environmental law enforcement system, and put forward the concept to reform Chinese environmental law enforcement system: 1, to reform the structure of environmental law enforcement institutions following the principle of authority, independence, setting up in accordance with the law and the elite performance: environmental law enforcement institutions should implement the vertical management of the environmental protection law enforcement, establishing direct body, sending bodies, advisory and coordinating bodies. 2, environmental law enforcement functions and powers should be reset, focusing on the functions of the environmental protection. 3, giving the environment law enforcement officers the administrative mandatory right, increasing the environmental administrative punishment power. 4, performing a mechanism for public participation, mobilizing public enthusiasm. 5, proposed and briefly discussed that the new law enforcement approach of "administrative +justice" is the inevitable trends of environmental law enforcement.Following is the research and innovation of this paper: 1, the systematic study of environmental law enforcement system (including the main structure, functions configuration, power distribution and operational mechanism of law enforcement agencies, etc.) and its mode of operation, the proposed concept to reform Chinese environmental law enforcement system. 2, brief expounding on public participation and democratic reform in the environmental administrative law enforcement. 3, proposed and briefly discussed that the new law enforcement approach of "administrative + justice" is the inevitable trends of environmental law enforcement.The following methods are adopted in this paper: 1, the method of linking theory with practice, combining the administration, law, economics theory with own work experience in environmental law enforcement units and Chinese basic national conditions. 2, comparative study of environmental law enforcement status and advanced experience in other countries. 3, qualitative analysis, a qualitative analysis is adopted to analyze the internal relations of main structure of environmental law enforcement system, and reveal trends in the development of environmental law enforcement. 4, case empirical analysis, typical cases in the current environmental law enforcement are illustrated.