Research On Joint Mechanism Of Environment Protection Law Enforcement

At present, in the field of environmental protection, this series of realities have to befaced: on the one hand, the Chinese characteristic socialism environmental protection lawsystem is basically established, on the other hand, the environmental pollution and ecologicaldestruction are still in the overall deterioration; on the one hand, there are tens of thousands ofenvironmental enforcement action in every year, on the other hand, the serious accidents ofenvironmental pollution still happen in succession; on the one hand,"regional limitapproved" and " River limited number of" severely take place, on the other hand, the localprotectionism and departmental protectionism still exist. The ineffective enforcement of someparts of environmental protection law and their inappropriate legal systems are considered tobe the main source of the serious environmental pollution by the author. If the current law cannot be effectively implemented, the law is only a waste piece of paper which writes full rightsof the people.(Lenin). The environmental protection law enforcement pattern "unifiedsupervision and classification management" conforms to the situation of Chineseenvironmental protection enforcement, and it is also the current international societymainstream environmental protection management structure. Under this premise, this paperaims to configure scientifically, to detail this environmental protection enforcement pattern,and tries to evoke its new vitality.This paper is mainly divided into four parts:Part One: Summarization to the joint mechanism of environmental protection lawenforcement. Beginning with the definition of joint mechanism of environmental protectionlaw enforcement, this part elaborates the basic features of environmental protectionenforcement linkage mechanism and introduces the state moderate intervention theory, whichis to prove that the government can effectively intervene into the process of environmentalprotection law enforcement through two means of administrative regulation and economicstimulus. At the same time, by introducing the whole ecological protection theory, the paperdemonstrates that the joint mechanism of environmental protection law enforcement isestablished on the basic concepts of harmony and sustainable development.Part Two: Exploration of domestic joint mechanism of environmental protection lawenforcement. In the review of historical evolution of Chinese environmental protection lawenforcement department, this part sums up four aspects of problems: partly idling of supervision mechanism, a formality of evaluation and accountability system, ineffectiveinformation sharing mechanism, lack of law enforcement and judicial system linkagemechanism. Then, taking the exploration of the environment protection law enforcementlinkage mechanism in XXX District of Chongqing as an example, this part sketches out fivefeatures: Environment protection law enforcement of the space expand, pre-examination andapproval of the environmental protection, interaction of law enforcement and judicial system,sharing law enforcement information, accountability assessment. Based on this survey, itgeneralizes four aspects of practical obstacles on the establishment of Chinese jointmechanism of environmental protection law enforcement, which are lacking in legal basis,protectionist intervention, lacking in clear assessment and accountability, law enforcementresources shortage.Part Three: Experience of the foreign environmental protection law enforcementcooperation mechanism. This part introduces the main experiences from United States, Japan,France and other countries, which have better effects on environmental pollution control(including law enforcement mechanism and characteristics, the main means and features),and tries to provide some useful reference to the establishment of Chinese joint mechanism ofenvironmental protection law enforcement.Part Four: Suggestions of constructing the joint mechanism of environmental protectionlaw enforcement. This part returns to the realistic problems of Chinese environmentalprotection law enforcement, and tries to provide some suggestions on the construction of thejoint mechanism of environmental protection law enforcement from the following fouraspects: departments enforcement linkage, regional enforcement linkage, cooperation fromlaw enforcement and justice, evaluation and accountability system.