The Legislative Framework Of Regional Environmental Administrative Organization

No matter how complete a market is, its function is always limited. We can not expect the market to solve all the problems; therefore, it's essential for the realization of maximum social welfare to unite market and government. There is no exception of the management on environmental issues. When the market can't full play or can't effectively function, the government must stretch out "tangible hands"with "invisible hands "of market to promote the maximization of the whole social welfare. However, the current management system of China's environment administration falls into the following several characteristics: First, environmental administrative organization and administrative division correspond one-to-one, namely, the place with a certain rank of people's government should set up the corresponding environmental administration organization with the same rank to form a complete set among the government department; Second, the environment supervision and administrative department is an administrative section of environmental protection department. These departments belong to the administrative department in charge of environmental protection supervision and management in the central or local people's government, namely "people's government environmental protection administrative institution or other department executing the right of environmental supervision and management according to legal provisions", which is referred to as the environmental supervision and management department; Third, the department under the overall leadership has the equal enforcement status with the specific local department in charge. The department under the overall leadership and the specific local department in charge are not subordinated in terms of administration. On the administrative law enforcement, both exercise administrative enforcement right in the name of the state. Furthermore, they have the equal status, in other words, there is no relationship of subordination and supervision, with the only difference existing in the division of the work. Consequently, the system is in fact the management system, which divides up by the area and the department. The division of area determines its scope of environmental protection according to administrative divisions, which always ends up in nothing on the prevention of environmental pollution and destroying across many administrative divisions; Management according to the department causes the legislation and supervision done by the same department, which obviously has loophole of enforcement; moreover, the environmental administrative service division does not enforce the law independently, which results in the irresistible illegal intervention from the other government departments at the same level. As a result, it is impossible to unify the environment supervision and management and to coordinate to relevant units with the requirement of cooperation. Nevertheless, the public resource attribute of the environmental resources demands the management in unison, while, the ecological attribute of the environmental resources demands the implementation of the management of the ecological system. Therefore, the design of the environmental management system should breakthrough from the scattered situation and implement central management vertically according to the goal and requirement of unified management. Besides, the regional management organization should be established according to the ecological attribute of the natural resources. Finally, according to certain principle, establish the coordination and treatment mechanism of centralization and separation of state power to guarantee a smooth operation of the management system. On one hand, the establishment of the regional environmental administrative organization breaks the regional protectionism and department's interests, which accords to the tendency of environmental management system to a centralized department, the trend to the central government. On the other hand, it is a very good attempting during the process of balancing centralization and separation of state power.