Research On Environmental Supervision System

Environmental supervision is a major institutional arrangement for China to solve environmental problems and implement the main responsibility of environmental protection.China's environmental supervision system has undergone a process of development from regional to comprehensive and then to central environmental supervision,achieving outstanding results.However,judging from the development course and implementation status,there are still problems such as unclear connotation,undefined nature,weak legislative basis,unreasonable supervision agencies,insufficient accountability and lack of power supervision,not yet formed legalization and standardization.In addition to the introduction,the main body of the paper is divided into four parts.The first section outlines the environmental supervision system.Firstly,it explains the meaning of “supervision”,defines environmental supervision,and clarifies the relationship between environmental supervision and other similar concepts from the objects,objectives and effectiveness and so on;Secondly,it has combed the legal relationships between the environmental supervision agency,local party and government,and illegal enterprises;revealed the essence of environmental supervision is a major institutional arrangement to promote the construction of ecological civilization and environmental protection rather than a long-term mechanism,from the solution of environmental problems and accountability to discuss its rationality;Finally,define the environmental supervision system and discuss the practical significance of implementation in China,satisfies the objective needs of promoting the modernization of environmental governance,implementing the national green development concept and solving environmental problems.The second part discusses the development course and implementation status of environmental supervision system in China.From the superior law to the inferior law,the laws,department rules,and other regulatory documents of the environmental supervision system are combed,concluded that the legislative basis is weak,and there is no high-specification specific legislation,which is insufficient to support the actual operation.There are urgent problems that need to be solved in the development of China's environmental supervision system.In respect of the management system,the establishment of environmental supervision agencies is unreasonable,including the mismatch of the powers and responsibilities of the regional supervision bureaus and the poor stability of the leading group of environmental supervision.In terms of legal liability systems,the inconsistency of responsibility standards,unclear responsibility in local party and government as the object of accountability,have the difficulties of implementing the environmental responsibility of local party committees,and the lack of procedures.As for the power supervision system,environmental supervision is also a kind of power itself,there is no clear legal provision for the restriction and supervision of power,internal and external supervision is not in place.The third part is an experience review of the implementation of the environmental supervision system outside the country.The well-established Russian land supervision system,the vertically managed US environmental large-scale regional supervision system,and the independent and professional Dutch infrastructure and environmental supervision system,the most typical features of the three systems that can be used by our country for reference,enlighten us to form a sound legal system,implement an absolute vertical management system,set up independent and professional internal supervision institutions and strengthen public participation.The fourth part proposes perfect suggestions for the current problems in China's environmental supervision system.In respect of the legislative system,perfect the legal basis of the environmental supervision system,adopt the party and government division and formulate for inner-party regulations and administrative regulations of the legislative model.As for the management system,optimized the supervision agencies,unified the powers and responsibilities of the regional supervision bureaus,and ensured the stability and continuity of the environmental supervision leading group.In terms of legal liability system,unified legal liability investigation standard,clearly defined local party and government responsibilities,strictly pursed the responsibility of local party committees and detailed accountability procedures.With regard to the power supervision system,passing the law clearly stipulates supervision of environmental supervision and strengthens internal and external supervision.