Research On Law Enforcement In Vertical Management System Of Environmental Protection Institutions

Environmental governance and maintenance are closely related to the survival and development of human beings,and are also the basis of developing green circular economy and realizing sustainable development in China.Since the reform and opening up,the demonstration operation of environmental law enforcement power has been the main reason for the repeated prohibition of environmental violations,and the environmental management in China has been in an embarrassing situation for a long time.On the one hand,the ecological environment "destroys while harnessing,synchronizes harnessing and destroying,and destroys more than harnessing",on the other hand,it constantly increases investment and strengthens environmental supervision,thus forming a vicious lock-in state.There are many contradictions between the deterioration of ecological environment and economic development,so it is urgent to strengthen environmental law enforcement.The effectiveness of environmental law depends on the enforcement of law and the operation of its powers by environmental protection agencies.Strengthening the research on enforcement agencies and enforcement powers is helpful to grasp the implementation platform of law.In September 2016,after the issuance of the guidelines on the reform of the vertical management system of environmental protection agencies,great changes have taken place in the establishment of environmental protection agencies.The supervision power and law enforcement power of the environmental supervision departments at the municipal and county levels are separated.The monitoring power and supervision power are transferred to the competent environmental protection departments at or above the provincial level,and the law enforcement power of the grass-roots environmental law enforcement teams is more unified.In 2018,the General Office of the State Council issued the Circular on Guiding Opinions for Deepening the Reform of Comprehensive Administrative Law Enforcement of Eco-environmental Protection,which pointed out that the environmental law enforcement team should be effectively integrated and a complete administrative law enforcement system should be formed on the basis of the national power framework of "the unity of deliberation and execution".Of course,there are many prominent problems in environmental law enforcement:the standard and basis of environmental law enforcement have not been revised for a long time,and its scope of application no longer meets the needs of today's environmental protection;the main functions of environmental law enforcement are complex and cumbersome,and its scope needs to be redefined;the application results of environmental law enforcement system need to be tested and tested over time after a large-scale reform.The supervision system of environmental law enforcement is not perfect enough.It needs to be strengthened in two aspects:public power supervision and private rights supervision.In this context,by means of comparative analysis,empirical analysis and normative analysis,following the logical train of thought of "putting forward problems-analyzing problems-solving problems",this paper summarizes the existing research results and tries to explore the relevant content of environmental law enforcement.At the same time,it will also analyze the current situation of environmental law enforcement power in the United States,Finland,Japan and other foreign countries,and draw lessons from its system design ideas,methods,measures and procedures,so as to provide high-quality samples for the improvement of China's environmental law enforcement mechanism.The right of environmental law enforcement is the result of the right of environmental monitoring and the right of environmental supervision.Environmental law enforcement power also has the possibility of anomie.To prevent the anomie of power,it is necessary to strengthen the restriction of rights.Therefore,from the perspective of the legitimacy of environmental law enforcement power,we should analyze the current situation of environmental law enforcement in the four aspects of law enforcement basis,law enforcement subject,law enforcement procedures and law enforcement supervision,as well as the existing shortcomings,so as to put forward relevant solutions,in order to promote the environmental law enforcement system to a deeper level.