Research On Environmental Non-litigious Administrative Enforcement System

According to the environmental non-litigious administrative enforcement system, while the environmental protection department makes administrative decisions, if the parties do not apply for administrative reconsideration or administrative proceedings nor perform administrative decisions, the environmental protection department who has no power of administrative enforcement can apply to the court for execution. Since1980s,China has begun to establish the current environmental non-litigious administrative enforcement system which is characterized by the rule that "the principle is to apply to the court for enforcement, the exception is to carry out the enforcement by the administrative department".Twenty years have passed, the environmental non-litigious administrative enforcement system has become an important means to achieve administrative purposes and occupies an important position in environmental protection administration. However,the current environmental non-litigious administrative enforcement system still has many deficiencies,such as the theoretical research is laggard and the system construction is incomplete. Especially in recent years, as the administrative legal construction of our country has been improved greatly and the the number of environmental non-litigious administrative enforcement cases grows quickly, the current environmental non-litigious administrative enforcement system can not meet the requirement of practice,so it must be perfected immediately.In the beginning of this paper, the auther introduced the connotation of the environmental non-litigious administrative enforcement system,and analysed the theoretical basis,the nature and the academic conflicts of the system,and described two environmental non-litigious administrative enforcement patterns used around the world. Then,the auther set up Zhejiang Province as an example and the situation of implementation about environmental non-litigious administrative enforcement in Zhejiang Province was described in detail based on a large number of investigation materials in order to summed up the problems existing in the current environmental non-litigious administrative enforcement system. At last,the auther put forward a series of countermeasures and ideas to perfect the current environmental non-litigious administrative enforcement system.Based on the above ideas, remove citations and conclusion, this paper is divided into five parts.In the first part,the auther defined the connotation of the environmental non-litigious administrative enforcement in accordance to Administrative Enforcement Law and the other relevant laws and summed up its characteristics.In the second part,the auther analysed the theoretical basis,the nature and the academic conflicts of the environmental non-litigious administrative enforcement system.In the third part,the auther described two environmental non-litigious administrative enforcement patterns used around the world. The one is justice-oriented model which is represent by America and France, the other one is administration-oriented model which is represent by Germany, Japan and Taiwan. By comparing the two models,we can find the differences and similarities and learn experiences.In the fourth part,the auther set up Zhejiang Province as an example and the situation of implementation about environmental non-litigious administrative enforcement in Zhejiang Province was described in detail based on a large number of investigation materials in order to summed up the problems exist in the current environmental non-litigious administrative enforcement system.In the fifth part, the auther put forward a series of countermeasures and ideas to perfect the current environmental non-litigious administrative enforcement system.