The Problem Of Environmental Administrative Law Enforcement

The current our country economy high speed development, various social construction have made amazing achievements, but the brilliant behind is paid a large environmental costs, environmental problem has become the important problem restricting the further development of economic and social.In September 1979, the country has issued since the founding of the first on the basic law of environmental protection is the environmental protection law of the People’s Republic of China (try out)", opened a new situation of our country environmental protection enterprise, promulgated the law revised in 1989.Since then, the environmental protection law of our country has entered a rapid development stage, releasing each single environmental protection law, constitute the environment protection law system in our country.But look from years of law enforcement activities and problems are many.In seemingly perfect environmental law system there is a problem difficult to solve, for China’s environmental protection law enforcement work efficiency have great negative impact, damage to the environmental protection law enforcement authority.China’s environmental administrative law enforcement personnel quality is not high, law enforcement is not strong, this is the objective facts and social environment of the public participation is not high, in the case of environmental dispute relief efforts is not enough, lead to China’s environmental administrative law enforcement problems.After 20 years of continuous exploration and accumulation, big table to the National People’s Congress standing committee in January 2015 issued "environmental protection law", by making the information public and discussed the public participation, environmental public interest litigation system, increasing punishment of illegal environmental behavior system build and implementation measures, such as to make up for our country to some extent the deficiencies and defects in the field of administrative law enforcement environment.But the revised deficiencies still exist, and revised the law with other single coordination and straighten out the relation between the environmental protection law will be China’s environmental legislation workers in the next focus and direction.On this basis, we should carefully analyze the reality of our country law enforcement situation, to the environmental protection law and other relevant individual environmental law as the foundation, adopts the method of comparative analysis, according to the analysis of the world, the United States, Japan and other developed countries of the environmental protection law enforcement effect is good, in their respective environmental law enforcement has accumulated rich experience in practice.This paper is analysis and drawing on the successful experience of foreign environmental law enforcement, put forward Suggestions to improve the environmental law enforcement, and improve China’s environmental administrative law enforcement main body law enforcement ability, hope to be able to effectively improve environmental conditions.In this paper, the structure of the main is divided into four parts, the first part is the overview of environmental administrative law enforcement;The second part is the present situation of the environmental administrative law enforcement in our country and the existing problems;The third part is the foreign relevant experience and enlightenment of environmental administrative law enforcement;The fourth part is the suggestion of perfecting our country’s environmental administrative law enforcement.The first part of overview of environmental administrative law enforcement, mainly divides into four parts,introduces the concept of environmental administrative law enforcement, characteristics;Principle;The significance of perfecting the environmental administrative law enforcement.Introduce the basic content of environmental administrative law enforcement, clear the relative concepts of environmental administrative law enforcement, which laid a foundation for the following analysis and writing.The second part is the description of the status of China’s environmental administrative law enforcement, and the analysis of the existing problems and reasons.This article mainly introduced from five aspects in environment administrative law enforcement problems are as follows:the problems existing in the environmental administrative law enforcement main body, legal problems and environmental problems in the procedure of administrative law enforcement, law enforcement effect problem, supervision issues.The third part is the analysis of the foreign advanced experience of environment law enforcement, extracting enlightenment to our country environmental administrative law enforcement activities.Through to the United States, Japan, Taiwan and Germany the introduction of advanced environmental administrative law enforcement experience, summed up the following beneficial enlightenment for our country:the environmental protection competent authority for law enforcement agencies;To promote public participation in environmental law enforcement system measures;Through perfecting-administrative procedure law enforcement effect and a sound system of public interest litigation.The fourth part is the suggestion of perfecting our country’s environmental administrative law enforcement, this part is the focus of this article.Proposed in this paper, improve the law enforcement quality of law enforcement personnel, ensuring environmental professional and authority of the administrative law enforcement;Improve the law enforcement basis, improve the legal status of the environmental protection act;Build with the actual situation in our country administrative assistance system procedures, to ensure that the administrative law enforcement activities smoothly;To introduce the public voting system to perfect the public participation in environmental administrative law enforcement activities, fully realize the supervision of the public;Environmental administrative public interest litigation system of the construction of the rules of procedure.Through four parts introduced in this paper, based on the analysis of the existing problems in environmental administrative law enforcement practice in our country and the reasons, draw lessons from the advanced experience of the relevant countries, on the basis of this puts forward some perfecting Suggestions aiming at the problems of our country, in order to the development of environmental protection in our country have a positive role.