Innovation And Improvement Of China’s Environmental Administrative Enforcement Means After The Implementation Of The New Environmental Protection Law

Since the reform and opening-up, heavy industry has been developed rapidly in China. However, at the same time, development of industry also brought severe damage to the environment, which greatly affected/affects our health and decreased our life quality. Furthermore, the deteriorated environment started to limit developing rate of China’s economy. Currently, China is facing lots of serious environmental problems which are needed to be treated properly as soon as possible, especially on the aspect of executing the environmental administrative Law. For instance, selective punishment on illegal behaviors, unreasonable use of discretion, and less awareness of environmental protection in the law enforcement officers, etc. The reason for all the problems above is the non-completion of the means and system of the law enforcement. The newly revised environmental protection law》in 2014 proposed higher-standard requirement. Therefore,we need to consider seriously about how to enhance the law enforcement under background of the new environmental protection law, and how to complete the means for enforcement of the law. Means of the environmental law enforcement is defined as the methods and means which were used by the law enforcement officers to treat the objects of law enforcement. It can show the specific enforcement behavior of the subject and is also a direct use of the law in practice.Based on the degree of rigidly in law enforcement, the means of environment law enforcement can be divided into two types: obligated or optional, which are mutually corresponded to each other. In this research, means of environmental law enforcement were studied and the two types of law enforcement were compared, which led to a way to use these two methods harmoniously and scientifically, and then resulted in a great help in completion and innovation of the means of environmental law enforcement in China. For the obligated means, how to complete the environment administrative legislation on the basis of executive of the new environmental protection law and to enhance the strength of law enhancement were mainly studied, for example, how to gradually increase the penalty standard and how to practically give the environmental protection administration the rights to block, detain, and prohibit the illegal organizations. For the optional means, legalization of optional environmental enforcement means and increase of administrative remedies were proposed. In this study,diversification of subject and methods in environmental treatments were emphasized,which is mainly embodied in the newly-introduced “3+1” dimension, i.e., thecollaboration between the decision makers composed of environmental evaluation department, companies, and the government and the public. Furthermore,multi-management on environmental was promoted to help conducting the environmental law enforcement in our country.