Study Of Chinese Environmental Law Enforcement Supervision System

Montesquieu once wrote in his famous book, The Sprite Of The Laws,"As the invariable sayings, power is easily abused by the person who commands it, and is used until limitary."Here it is the law. With the development of human society, an effective supervision on the state power, especially administrative power is becoming more and more important. As one part of the administrative power, legal enforcement power on environment plays a significant role in resolving the environmental issues, combating offences and particularly enhancing administering environmental affairs in accordance with law. In addition, the achievement of environmental protection target is highly depending on the enforcement status of the Environmental Protection Administration. That is to say, the result of environmental management will be seriously affected without an effective controlling and supervising mechanism. Therefore, in order to ensure the legal enforcement power on environment is as hard as iron and to prevent and supervise the act of abusing power or omission, it is necessary to establish a reasonable and speedy internal supervisory system.On the other hand, it is easy for us to see that most of the studies on the supervising of environmental legal enforcement power are made from the aspect of politics, public management, administrative arrangement and environmental science. The lack of enough attention and research on this issue by the legal academy not only result in the absence or backward on legislation but also lead to the inefficiency of enforcement in practice.To resolve the problems mentioned above, we shall re-establish the institutions of environmental administration with reference to the detail requirement of"Great Department"system reform. This paper divides into five parts. The first part gives a general idea on the background and significance of the monitoring of environmental administrative power. By reviewing the past studies, the author here determined the final targets, methods and schedule of this essay. The second part defines and discriminates some important conception, like enforcement, environmental enforcement and supervision on environmental enforcement, etc. The third part describes the general status of supervision of environmental enforcement in China. When it comes to the fourth part, the author focuses on the formation, development and running status of administrative enforcement supervision institutions. In the end, the author recommends some measures on improving the environmental enforcement supervision system and gives some idea on how to deal with the relationship between the central and local governments.