The Research On The Legal Construction Of Environmental Protection Supervision And Administration System In China

The concept of environmental protection supervision and management system in narrow sense refers to the administrative supervision and management system of environmental protection.The administrative supervision and administration system of environmental protection in China is an administrative supervision and management system which combines the unified supervision and management of the competent department of environmental protection with the management of other administrative departments and the combination of the central government and the local government.The characteristics of this system are on the horizontal level,the unified supervision and management of the Department of environmental protection is combined with the branch door management,and the law enforcement status of the environmental protection department and the branch department is equal;on the vertical level,the central government and the local governments at different levels are supervised and managed,and the operating mechanism is closed.The system has the following problems:first,in environmental legislation,the lack of same environmental institution setting law;two in the setting of environmental protection institutions,the lack of scientific institutions;three is the lack of clear allocation of power in environmental protection supervision and management;four is the insufficient authority of the central government and the low enthusiasm of the local government.In order to cope with the problems existing in this system,we will learn from the experience in the establishment of environmental protection supervision and management institutions,the division of powers,and operating mechanisms in advanced countries in environmental protection,and combine the central government's policies and regulations on the reform of the management system for environmental protection,the long-term adherence to the concept of green development as its guiding principle,and adopting the following five paths to legally improve China's environmental protection management system.Strengthening the legislative regulation of environmental protection institutions,the effectiveness and improvement of the reform of the environmental protection system,strengthening the authority of the central government and ensuring the autonomy of the local government,perfecting the establishment of the Department of environmental protection department,perfecting the setting of the Department of environmental protection,and improve public participation mechanism in the operation of environmental protection management system.In order to rationalize China's environmental management system and provide effective institutional supply to solve China's environmental problems,we should build up the above perfect path.