Research On Environmental Law Enforcement For Small And Medium - Sized Enterprises

The small and medium enterprises always played a important role in developing of economy in the both side of national and Local, but it made more than half of our national’s environmental pollution. For the reason of the small and medium enterprises’ own characteristic, such as’manpower resource,material resource,financial resource’are all limited, which made the small and medium enterprises difficult to execute their own environment duty. Otherwise, the environment pollution of the enterprises’has the character of’dispersity, diversity, long-time latency’and the problem of’the illegal cost less than the legal cost’and’regional protectionism’, which made the Environmental administrative department too hard to enforcement for the enterprises environmental pollution. In order to tackles the dilemma of developing the small and medium enterprises, We should change the traditional administrative pattern which only like the pattern of ’order-obey’and regards as uni-polarity and closely, to the pattern like ’service-cooperation’which regard as bidirectional and " win-win " for both sides.The pattern consists by two parts,’service of the administration department’and’the cooperation of the small and medium enterprises’On the one hand, the administrative department not only actually as the law enforcement agencies essentially, but also as a service department, when the signal member of society couldn’t or difficult to achieve their own personal interest,the administrative department have the obligation to collected and maintained and allocated the public interest,the purpose of the people authorized the administrative department to manage our national administrative affairs is let the administrative department service to them. The administrative action actually is the administrative department represented all members of society to collected and maintain and allocated the public interest. Therefore, in the process of the government environmental law enforcement for the small and medium enterprises, the government should apply’administrative contract, administrative guidance act, administrative fact’,and associate the traditional administrative act such as ’administrative penalty, administrative permission’, furthermore, in the case when the enterprises didn’t cooperated with the government environmental service act, the government should apply the’administrative enforcement act’,in order to the enterprises fulfill their environmental coordinated duty.On the other hand, the small and medium enterprises should coordinate the government environmental service positively, furthermore participate the government environment service. Besides, we should make a positive effect of the public participation in the modern of’service and cooperation’, that could supervise the situation in fulfill the duty from the government and enterprises. In the part of governing the small and medium enterprises’environmental pollution, the both parties, no matter between the government and enterprises, or between the government and public, or between the public and enterprises, should join together, therefore, achieve the’win-win’ situation for both side.