The Research On The Questions About The Environment Administrative Enforcement

Environmental Administrative Enforcement refers that in order to protect the people’s living environment and ecological environment,and also for maintaining the ecological balance.The environment administrative apply to the court to enforce the citizens, legal persons or other organizations to fulfill the obligations or meet the behavior of the same state,who refusing to carry out that obligations within the statutory period. As a kind of administrative enforcement,the environmental administrative compulsory enforcement is the conventional means of solving environmental administrative problems of our country. It plays an important role in environmental law enforcement. But in accordance with the law,China’s environmental administrative compulsory execution model is apply to the court for the implementation of the carry out the environmental obligations. This model has many disadvantages,not only affects the administrative efficiency,and also not conducive to the unification of the power and the responsibility of the environmental law enforcement. If the environmental violations can not be stopped timely and effective, there is essentially free of the environmental violations.Because the academic circles have not accurate the definition of the concept of environmental administrative enforcement.So this paper started by the basic concepts of administrative enforcement. Based on previous scholars concept of administrative enforcement, find the point of controversy and analysis it.And find out the characteristics of environmental administrative enforcement, which can be distinguished from other types of administrative enforcement,make them together to define the concept of environmental administrative enforcement. Secondly, draw lessons from the Anglo American countries law and German law, and look forward to bring some inspiration of the reform of the environment administrative compulsory execution.Thirdly, summarizes the subject,type,method,procedure,which provisions in our "administrative law enforcement" and environmental laws.And put forward the problems and reasons in our environment administrative compelling execution model.The last part,distribution of environmental administrative enforcement firstly, establish the main position of the administrative organ,and try to establish special administrative enforcement mechanism;enrich the the content of the power of administrative enforcement secondly,It can be classified as the general of the executive power and the special of the executive power,different case for different execution mode;Improve and perfect the guarantee mechanism of environmental administrative enforcement thirdly,supply the environmental administrative enforcement agencies allocate sufficient manpower, material resources, financial resources;Strengthen the supervision of environmental administrative enforcement in the end,improve the responsibility mechanism of law enforcement officers in the interior,In the external guarantee the public supervision of considerable.From these four angles, put forward the suggestions of improving the efficiency of environmental administrative law enforcement,and the methods to solve the current problems.