Research On China's Environmental Power And Rights Under The Background Of Environmental Protection Supervision

With the "ecological civilization" being written into the constitution,the institutional construction of environmental protection will be valued under the the "five-sphere integrated plan ".Based on the diversity of environmental stakeholders involved in environmental issues and the complexity of environmental governance practices,the paradigm of environmental power and rights based on the unity of “power-rights” is a high-level explanation for the basic contradictions of environmental governance in China.In many environmental norms and legal structures,the basic contradictions of environmental governance are mainly embodied in the three aspects,“environmental power – environmental power”,“environmental rights – environmental rights” and “environmental power – environmental rights”.The central government,as representative of the country and the people in the overall sense,enjoys national environmental interests,while local governments assume specific legal and political responsibilities in regional environmental governance,reflecting the internal contradictions of the central government's environmental power;The internal contradictions of environmental rights are mainly solved by limited judiciary of private interest litigation or public interest litigation;relying on the exercise of government environmental power to improve regional environmental quality further creates conflicts between power and rights between local governments and citizens.There is a debate about how to resolve local government inactions and the difficulties of environmental protection departments.Environmental governance in the normal society needs to be carried out in a conventional way of rule by law,but it is difficult to put an end to the "government failure" and to reflect the dilemma of "inversion between power and responsibilities" faced by local environmental power: the central government imposes a large number of environmental governance tasks on the local,with the lack of the corresponding political,material and spiritual incentives;the local party committee secretary enjoys the largest environmental power in the region,while the local environmental protection department has the largest environmental responsibility;the environmental authority of the local environmental protection department is also shared and diluted by other resource development departments,making it extremely weak in routine environmental law enforcement activities;Although the local environmental power has been highly expected to improve environmental good expectations by the public,its authoritarian tendency in routine exercise has eroded the public's enthusiasm for participating in environmental governance.In response to the failure of conventional programs,it is necessary to practice the policy of the moving administrative enforcing the environmental law.The policy politicizes the environmental protection task and turns to functionalism of environmental governance after breaking through the traditional bureaucratic legal power structure.Party and government have the same responsibility,constituting the structure of "party environmental power-local government environmental power-civil environmental rights".The program,urging local governments to actively exercise environmental power,will achieve a high-efficiency solution to a long-standing and long-term concern of the public,and objectively protect and relieve citizens' environmental rights.However,it is still impossible to avoid the question from formal legitimacy and substantive validity.There are reasonable elements,showing a complementary relationship to solve the basic contradiction of environmental governance,both in the conventional scheme and the moving scheme.Nevertheless,the two schemes have the common shortcomings of lack of comprehensive consideration of public environmental rights and neglect of supporting and encouraging social environmental self-governing.To sum up,the practice of the environmental supervision system shows that the use of the political power of the ruling party is conducive to rallying the consensus of all parties and mobilizing multiple forces to form a joint solution to solve environmental problems.Therefore,it is necessary to realize the differentiation and rule of law between the party and government;the local government actively exercising its regular environmental power is conducive to the regulation of environmental law enforcement and it needs multi-level incentives from the central government;as the ultimate beneficiary,social public participating in the whole process of operation of environmental power is conducive to reach a consensus on public and private differentiation.Therefore,it is necessary to broaden the ways and increase channels for the substantive public participation.In the field of environmental sharing governance,both power and rights are “unattainable”and It is also necessary for public and private the to jointly support and encourage social public groups to protect the objective environmental interests within a specific scope with their endogenous rules.To build a long-term co-governing mechanism that is sufficient to coordinate and unite the forces of the above-mentioned parties,we still expect a high-level environmental legislation to be carried out.