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The Research Of Environmental Regulation Question In China

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y SongFull Text:PDF
GTID:2251330428996498Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
China’s environmental pollution problem is increasing with its rapid economicdevelopment and population growth. The destructive power of human beings hasbeen far more than the self-repair ability of the nature. Hence, the environmentalproblem solving issue is imminent.With the deepening and improvement of the environmental supervision, thecurrent state of environment has improved, but it is still far away from a comfortablecondition which is required by people. This is due to or partly due to the lack ofnational awareness of environment protection, the loss of relevant legislation ofenvironmental supervision, and the monopoly environmental regulatory model. Thus,the author tries to compare the differences of supervision system, legislation system,and institutional system in environmental supervision between China and developedcountries in order to explore the deficiencies of China’s current environmentalsupervision model. By combining China’s national situation and institutions, theauthor also aims to provide suggestions on national environmental monitoring, thelegislation improvement direction under the current environmental supervision model.In addition, the reform proposal of China’s environmental supervision institutions isalso to be offered.First, it is necessary for the government to pay more attentions on environmentalmonitoring work. With sufficient financial and policy support, the environmentmonitoring institutions can improve their existing monitoring equipment andmonitoring network. Meanwhile, there is a need to raise the level of monitoring teamfrom improving monitoring personnel qualifications and professional abilities so thatto provide precise and timely environmental monitoring data for environmentalsupervision. Second, in the related legislation of environmental supervision, theauthor explores the relative suitable legislation suggestion by analyzing andmodifying the conviction of the negligence of the environmental supervision and thedeficiencies of limitation of action. Namely,"the civil servants who are responsiblefor the environmental monitoring, supervision and management cause significant environmental pollution accident or serious environmental damage by abusing poweror negligence, shall be sentenced to fixed-term imprisonment of not more than threeyears or criminal detention; those who cause serious losses to public or privateproperty or life or personal injury and other serious consequences, shall be sentencedto imprisonment of not more than three years but not more than seven years criminaldetention”. Furthermore, to extend the limitation of action is also necessary. Third,regard to environmental supervision authority, redistribute the power between thelocal environmental protection bureau and the local government authority. Entitlemore power to the local environmental protection bureau while cut the power of thegovernment at the same level. This is in order to reduce the influence onenvironmental protection of local government, so as to reduce the intervention of theeconomic development on the environment construction. Last, on the structure ofsupervision model, add in self-discipline environmental supervision model, thus tosupplement the existing environmental regulations.However, due to the limitations of the author’s knowledge reserve, analyzingcompetence and English literature translation ability, there are still many deficienciesin this paper need to be further improved.The author hopes that the shallow suggestion in this paper can theoreticallyprovide useful reference for the improvement of China’s environmental supervision.Finally, in the hope that under the adjustment of national policy, the reform ofenvironmental supervision model, the enhancement of national awareness onenvironmental protection, China’s environmental pollution controlling work and canrun smoothly and efficiently. Meanwhile, China’s environment can be more effectiveand timely supervised and managed, so as to serve the environmental developmentand ultimately to achieve sustainable economy and environment development.
Keywords/Search Tags:Environmental Supervision, Self-discipline Supervision, Other-disciplineSupervision, Environmental Legislation
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