Research On Environmental Enforcement Of Administrative Law

Environment is of great significance for human beings and society, while environmental pollution and ecological destruction not only damages the interests of individuals, but also the public interests of the whole human race and the society. Concerning the increasingly serious environmental problems, government should strengthen the environmental administration, in which enforcement of environmental administrative law as the primary means should exert better effectiveness, so as to achieve environmental administrative objectives and ultimately achieve the purpose of environmental protection. This paper can be divided into four sections:Section I Overview of enforcement of environmental administrative lawStarting from analysis of administration law enforcement, the concept and the characteristics of environmental law enforcement is defined and summarized, the relations between environmental law enforcement body, relative people and laws are described, reality and theory as well as effectiveness of environmental law enforcement is analyzed in this section, which provides a foundation for the following discussion.Administrative law enforcement is the activity of the execution of state administrative departments and is the core part of executive power. Environmental administrative law enforcement is the activity that the state administrative departments and their functionaries adjust the environment-related social relations and conduct the environmental supervision and administration according to their authority and the environmental law. Environmental administrative law enforcement is an activity that environmental administrative enforcement departments exercise their functions and powers according to law. The environmental administrative law enforcement can establish the force of definition, constraint and execution, because the executive behaviors of environmental administrative departments with national will have the objective of safeguarding public interests. In the legal relations of environmental administration, will of citizens, legal persons and other organizations should submit to the state will; obeying this will not only can safeguard public interests and social order, but also is helpful for protecting the legal interests of citizens, legal persons and other organizations.SectionⅡProblems and causes in enforcement of environmental administrative law in ChinaBased on the current situation of China's environmental administrative law enforcement, this section not only puts forward the problems in the environmental administrative law enforcement but also explores and analyses the reasons.In recent years, the party and government attach great importance to environmental protection, and a relatively sound environmental legal system was also established, which greatly raised the legal awareness of the environmental protection of the leaders at all levels and in all departments. However, in the process of practical work, some local governments take the evasive attitude about environmental issues for the sake of economic benefits. Moreover, the environmental administrative departments have few powers and would encounter many difficulties, which lead to the failure of the execution of their functions. In the practical process of environmental administrative law enforcement, each functional department is different body of law enforcement, which will naturally cause various conflicts concerning law enforcement power and result in the failure of performing the environmental administrative law enforcement activities smoothly. Under such an environmental administrative law enforcement system, the powers and responsibilities of law enforcement can't be centralized because of numerous environmental administrative law enforcement bodies, and the phenomenon directly leads to the disorder of environmental administrative law enforcement. As for the problems that how the environmental administrative departments in charge supervise other departments and which powers of supervision they possess, the related environmental protection laws and regulations don't define them clearly. In addition, because the limits of powers and responsibilities in law enforcement between the environmental administrative departments and other departments are unclear, each department tends to shift their responsibilities, thus the enforcement efficiency is seriously affected. The unsmooth environmental administrative law enforcement system directly makes the environmental administrative law enforcement departments fail to play their proper roles.Section III Implementation and implications of extra-territorial environmental law enforcementThrough introducing the implementation and successful experiences of environmental law enforcement in the U.S. and Japan, references for environmental law enforcement in China are provided. Comprehensive legislative systems in the U.S. and Japan, with detailed laws and regulations covering all areas of environmental protection, have provided a sound legal basis for the implementation of environmental law enforcement. The U.S. clearly detailed the division of environmental law enforcement, and strengthened the standardization and operability of environmental law enforcement, and good coordination and cooperation between departments ensures the environmental administrative order. The prominent feature of foreign countries in strengthening the environmental law enforcement is the strict control of pollution source, and pursue of diversified means of administrative enforcement while continuously improving the basic environmental protection system.SectionⅣLegal measures for solving the problems in enforcement of environmental administrative law in ChinaThis section focuses on how to improve the enforcement system of environmental administrative law China and how to strengthen the capacity-building of the administrative law enforcement departments, and proposes corresponding legal countermeasures to problems existing in the enforcement of environmental administrative law in china.Without an effective management system, enforcement of environmental administrative law can not work smoothly. Establishing a complete and reasonable environmental monitoring system with clear division of functions is helpful to the enforcement of environmental administrative law. On this basis, we should strengthen the capacity-building of environmental law enforcement. The primary task of strengthening the capacity-building of relevant departments is to complete the administrative law enforcement agencies. These agencies should be given more power in administration, and should be strict on the punishment for violations. To solve the existing problems in enforcement of environmental administrative law, in addition to the mandatory administrative means, non-coercive form should be used as well. Meanwhile, we should also give full play to the role of market mechanism in today's market economy and achieve the goal of environmental administration through organic combination of various administrative means.