On The Public Participation System In Administrative Enforcement Of Environmental Laws

Law enforcement is regarded as the government's power and responsibility for a long time, ignoring public participation, which causes the phenomena of little observing laws, slacking law enforcement and refraining from punishing law-breakers in environmental protection. As a result, the authority of laws has been heavily damaged, and the behavior of polluting and destroying environment cannot be fully punished. Environment becomes worse and worse. In order to change the state of slack law enforcement and prevent environmental pollution and destruction, I put forward a suggestion on improving a public participation system closely linked to administrative enforcement of environmental laws. As far as interests and need concerned, people are not only beneficiaries of healthy environment but also direct victims of environmental hazards. Therefore, they show high concern about environment, and they know it best. The zeal of their participating in environmental protection is highest, too. They are strong forces that improve administrative enforcement of environmental laws to promote environment constitutionality and protect environment. A perfect public participation system can supervise the administrative department of environmental protection to fulfill the duty strictly in accordance with laws, and contribute to the construction governed by environmental laws. It may bring out optimum result of law enforcement through helping administrative enforcement of environmental laws. Collecting various kinds of strength, It can deal with environmental pollution and destruction at least cost. It considers environmental problems, economic problems and social problems together. Thus we realize the maximization of such whole interests as environmental interests, economic benefits and social interests. The article is divided into four parts altogether. Foreword makes foreshadowing annotation to relevant domestic & international research state, research approaches and research targets. In Chapter One I make an introduction to the concept and state of development in foreign countries as well as development trends of public participation. It is the trend of theory and practice to implement the public participation in administrative enforcement of environmental laws. In Chapter Two I analyze the problems in administrative enforcement of environmental laws and the functions of public participation, which prove that it is necessary to carry out public participation in administrative enforcement of environmental laws. In Chapter Three, I first analyze the state of public participation in administrative enforcement of environmental laws in China, then I put forward the public participation system closely linked to administrative enforcement of environmental laws, which includes the public participation at the beginning of administrative enforcement of environmental laws, the public participation in the course of administrative enforcement of environmental laws, and the public participation at the end of administrative enforcement of environmental laws. As for the innovation of the article, I put forward the public participation system correlated with administrative enforcement of environmental laws in a new way. There are some new public participation approaches to be put forward. I suggest revising the right of supervision and the right to learn the truth. At last I propose to implement the environment administrative incentive system.