The New Environmental Protection Law Is The Analysis Of The Problems And Countermeasures In The Implementation Of Environmental Administrative Law Enforcement

Environmental protection is a new concept from the 1970 s proposed that human economic and social development is closely related. Our country follows the pace of the United Nations to promote environmental protection, in practice, to protect the environment as a basic national policy of sustainable development and the basic strategy for socio-economic development. Since 1979, with the first portion of the legislation, "People’s Republic of China Environmental Protection Law"(trial), and in 1989, ten years after the officially promulgated "Environmental Protection Law of People’s Republic of China Environmental Protection Law"(hereinafter referred to as " environmental Protection law "),After twenty-four years, The Standing Committee of the National People’s Congress once again put the "environmental protection law" on the agenda of amending the law. "Environmental law" started implementation from January 1, 2015, so far has been implemented more than a year, about the effectiveness and difficulties of the new "environmental law" in the implementation, academia should be from a dialectical perspective and with practice in-depth analysis in order to achieve more good implementation of the legislative purpose.Environmental administrative law enforcement is an important means of environmental protection, is the best response to the implementation of the new "environmental law". This article focuses on analysis of environmental law enforcement from four aspects in the environmental management system of administrative law enforcement, law enforcement approach, supervision system, public participation in the existing problems and put forward countermeasures and suggestions. The author through literature and field research found that,in the management system, the current situation of the legislation and amending the law in our country is not commensurate with the present situation of the basic level environmental administrative law enforcement agencies in law enforcement; Most of the contents of thenew amendments to environmental administrative law enforcement has not yet played a role;Environment Administration management and supervision of law enforcement system still exists local protectionism, lack of specialized supervisory authority to exercise administrative supervision and other environmental issues; public participation in environmental administrative law enforcement is relatively passive, and mostly belongs to post participation, and not conducive to encourage the public to participate in environmental administrative law enforcement. This paper introduces the purpose of environmental administrative law enforcement related provisions revision from the background of the new environmental law; by introducing the new "environmental law ah" to implement the air quality in the year to improve the situation, grassroots environmental administrative law enforcement agencies to outline the new situation "environmental law" implementation effect; of combining visits to research the situation and combining with the investigation of the Environmental Protection Bureau, proposed that the present administrative enforcement of environmental problems and analyze the reasons; learn from foreign advanced experience in the field of environmental protection, analysis of China’s environmental administrative law enforcement inspiration;On the basis of learning lessons from foreign experience, this paper puts forward the countermeasures and suggestions of environmental administrative law enforcement. This paper aims to improve the management of administrative law enforcement supervision system, strengthen law enforcement, and encourage public participation in environmental governance, further promote the smooth development of environmental administrative law enforcement, economic development and environmental protection to achieve double-win situation.This paper is divided into four parts, the first chapter to analyze the status quo of environmental administrative law enforcement, first outlined the basic theory of administrative law enforcement, and then introduce a new "environmental law" environmental administrative law enforcement approach, management and supervisionsystem, public participation system background and purpose of the amendments to be achieved; the second chapter from the revision of provisions of view, taking Chengdu city as an example, the improvement of environmental air quality in 2015 compared to 2014 was analyzed.,and taking Xinjin County Environmental Protection Bureau of Chengdu city as an example, the comparative analysis of 2015 compared to 2014 law enforcement and data;This paper analyzes the typical cases of environmental administrative law enforcement in2015, and puts forward the problems of environmental administrative law enforcement in the management system, law enforcement, law enforcement supervision and public participation system; Chapter IV mainly in the United States, Japan, Canada, in the 20 th century suffered serious pollution, take measures for environmental governance as the breakthrough point, learn from its advanced experience in taking Chengdu city as an example, the improvement of environmental air quality in 2015 compared to 2014 was analyzed.,and taking Xinjin County Environmental Protection Bureau of Chengdu city as an example, the comparative analysis of 2015 compared to 2014 law enforcement and data;This paper analyzes the typical cases of environmental administrative law enforcement in2015, and puts forward the problems of environmental administrative law enforcement in the management system, law enforcement, law enforcement supervision and public participation system; Chapter IV mainly in the United States, Japan, Canada, in the 20 th century suffered serious pollution, take measures for environmental governance as the breakthrough point, learn from its advanced experience in environmental management system of law enforcement, environmental law enforcement approach, environmental law enforcement supervision system; Fifth chapter is the analysis of the above problem, drawing on foreign experience, put forward countermeasures and suggestions. The first is to improve the formulation and revision of a single law related to the environment, building environmental legal system, provide a strong basis for environmental law enforcement;Secondly, it is recommended to optimize the management system and supervision system ofenvironmental administrative law enforcement, establish an environmental administrative department as the core of the environmental administrative law enforcement body, set up a special administrative law enforcement oversight group; put forward important countermeasures and suggestions on the problems of environmental administrative law enforcement. Finally, the paper puts forward suggestions on the improvement of public participation mechanism from three aspects.