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It Is Difficult To Investigate The Administrative Enforcement Of Environmental Pollution Cases

Posted on:2016-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z GuoFull Text:PDF
GTID:2206330479455189Subject:Law
Abstract/Summary:PDF Full Text Request
At present, with the rapid advance of China’s industrialization and urbanization,environmental pollution and environmental destruction, and many other problems are increasingly highlighted with the rapid development of economy. Not only is impeded,sustained, rapid and sound economic and social development and the social public life and health and property safety has been a serious threat. Especially after entering the21 st century, air pollution, water pollution, land pollution and so on, to caused serious influence people’s social life. And relative people aren’t aware of the negative effects brought by the environmental pollution, more not to develop environmental protection consciousness, our environmental protection in the future there is still a long road, the environmental situation in jeopardy! Compared with western China’s environmental protection law has lagged far behind, is far from established a complete system of our country all kinds of environmental law so far 20 units, laws and regulations 37 units,coupled with the local laws and regulations, involved in the criminal law, civil law,administrative law, and many other fields. This appears to be complete but there is a big flaw- law implementation difficult, which mainly includes administrative and judicial enforcement difficulty performing difficult two big problems. China’s environmental law enforcement is still mainly rely on administrative means, and administrative measures are often the areas of environmental law enforcement issues,this also directly led to the working efficiency of the administrative law enforcement measures, but also harm the environment protection authority and credibility of the environmental protection department.In this article, through understanding of many pollution incidents across the country, the administrative execution is emphatically discussed difficult problem,through analysis the root cause of the environmental protection administrative enforcement difficulty lies in the administrative execution of environmental law enforcement is not strong. Mainly because(1) the number one is the environmental protection laws and regulations in our country, which is lack of the legislation; Thesecond is the environmental administrative law enforcement efficiency is low, less law enforcement; Three is the environmental protection department executive force of law enforcement personnel, and related personnel do not cooperate, and the law enforcement personnel is helpless. Four is the law enforcement personnel quality and professional is not strong.(2) the external interference is more, main show is lack of government environmental responsibility and local protectionism. Local government is a double-edged sword, can give support to the local environmental protection department, also can put pressure on local environmental protection department of law enforcement activities. Because the local government is the economic development as the central point to grasp, and polluting enterprises tend to pull the region of GDP growth. The triangular relationship determines the environmental protection department cannot open feet for law enforcement.So to solve the problem of enforcement difficulty must first change the developing mode of the government, execution cannot be at the expense of the environment sustainable development, it also indirectly removes the government’s local protectionism; To perfect the environmental laws and regulations, fill the blank of the legislation. Enhance the executive force of administrative law enforcement,such as reform the leading system of the competent department of the environment, to strengthen environmental law enforcement team construction, clear the environmental protection department management responsibilities; The last to strengthen environmental protection consciousness of the society, eventually solve many problems in the environmental protection department administrative law enforcement.
Keywords/Search Tags:Environmental administrative of force, Administrative supervisory duties, Environmental public interest litigation
PDF Full Text Request
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