Study On The Legal Responsibility Of Enterprise Environmental Administration In The New Environmental Protection Law

Industrial development and modernization are the culprits of environmental issues,enterprises are an indispensable part of industrial development,enterprises to develop light protection of the development of the concept of creating a serious environmental problems.China's"Environmental Protection Law" in 1989 has been unable to cope with the serious environmental pollution problems caused by the rapid economic and social progress,especially the inability to effectively regulate the legal liability of enterprises to cause environmental problems.The new Environmental Protection Act,implemented in 2015,strengthens accountability for corporate environmental liability.In the current law,the environmental administrative legal responsibility of the main body include:environmental protection departments and other departments with environmental supervision and management responsibilities.Other departments such as the public security organs also added the right to environmental administrative detention.Subjects include:enterprises and enterprises directly responsible person in charge and other directly responsible personnel.There are three measures to increase the illegal cost of the enterprise,to strengthen and limit the environmental administrative responsibility of the enterprise.Procedures include:filing,review,hearing,decision and relief procedures.From the implementation effect of the local one year,the rectification rate of the environmental violations of the enterprises has been improved,and the repetition rate has been declining,which reflects the efforts of our country to implement the environmental law and increase the accountability of illegal enterprises.However,the new Environmental Protection Law and its supporting measures have many legislative problems in the implementation of corporate environmental administrative legal responsibility.Such as the subject,the law enforcement agencies of the division of authority unreasonable;held on the object,the responsibility of the object of the scope of the object is narrow,held on the way,the specific provisions of the content is imperfect;accountability procedures,procedures and poor convergence.In order to ensure the effective implementation of the new law in the future,we must clarify the scope of the subject matter of the main body,two to expand the scope of the object of investigation,three to refine the law of the law,four to improve the interrogation procedures.The continuous improvement of corporate environmental administrative legal liability system will help to improve the capacity of environmental law enforcement agencies and enhance the awareness of law-abiding enterprises,which is conducive to the improvement of environment.