A Study On Non - Coercive Means In Environmental Administrative Law Enforcement

Environmental pollution is always accompanied by social and economic development, and environmental issues arise frequently restrict China’s economic development, threatening the lives and health of the people. The law is a magic weapon for controlling environmental pollution problems. In addition to the stringent environmental legislation, environmental enforcement is equally important, environmental enforcement of environmental laws and regulations directly related to whether the practical implementation, if the purpose of environmental law can be successfully achieved, environmental law enforcement here mainly refers to environmental administrative law enforcement. Environmental law enforcement body to use what means of enforcement, is directly related to the effect of environmental administrative law enforcement. Environmental field as a special field of administrative law enforcement, disadvantages of the traditional means of coercive in the environmental administrative law enforcement has been gradually revealed. Not out of the woods in the coercive means, the subject of enforcement of environmental administrative law should change thinking, non coercive means to apply in administrative enforcement of environmental law, to make up for the lack of coercive means function, better, more efficient implementation of China’s environmental administrative law enforcement purpose.This paper focus on the non-coercive means of environmental administrative enforcement study. In this paper, non-coercive means for the study, firstly enforcement of environmental pollution by positive study, pointed coercive functional deficiencies, thus leads to the discussion of non-coercive means; secondly on issues related to non-coercive means.which produce non-mandatory as the background of administrative law changes.on balance, the legitimacy of law, the rights-based theory as the theoretical support; from public property, cross the precautionary principle in environmental law and environmental perspective, to explain the necessity of environmental law enforcement; thirdly,,to interpretation of the current situation of non-coercive means, the main problems existing in the development of non-coercive means, including legislation, the national environmental policy, the status of treatment, the single subject of environmental protection; finally, according to the existing problems, four aspects of the improvement of the non-coercive means,from legislation, the use of security, the relief way, the law enforcement environment optimization and so on, in order to provide some ideas for the development of environmental administrative law enforcement in the field of China’s non coercive means.And it should be clear that the coercive and non-coercive means of law enforcement environment are complementary and mutually complementary, it does not matter which one is more important, the use of non-coercive means to make up for the disadvantages of coercive function in environmental administrative enforcement, and once the non-coercive means not play a relevant role in environmental law enforcement, the coercive means can substitute means of non-coercive and to play a role.