A Study On Legal Position Of Environmental Supervision Agency

The Environmental Protection Law of the People's Republic of China revised in April 2014(hereinafter referred to as the “Environmental Protection Law”),partially modified the old version promulgated in 1989.Article 24 of the new "Environmental Protection Law" rules: "the environmental protection department of the people's government at or above the county level and its entrusted environmental supervision agencies and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises and institutions and other production operators that discharge pollutants " This is the first time that the law status the position of the “environmental supervision agencies” and endowed it the power of on-site inspection.Prior to this,the “environmental supervision agencies” did not appear in our laws.In September 2016,the General Office of the CPC Central Committee and the General Office of the State Council issued the “Guidelines on the Pilot Work on the Reform of the Vertical Supervision System for Monitoring,Supervision and Enforcement of Environmental Protection Institutions under the Provincial Level”(hereinafter referred to as the “Guidelines”),clearly put forward that it would recall supervisory power and release executive power in 12 pilots.Article 24 of the new "Environmental Protection Law" rules that as the "environmental supervision agencies" of the environmental protection department of the people's government at or above the county level,it is responsible for environmental administrative law enforcement activities.In September 2016,the “Guidelines” clearly issued that the “Environmental Supervision Organization” is the representative of the provincial party committee and government to perform environmental protection duties and implement the environment of local party committees,governments and their departments to perform environmental protection duties and implement environmental protection laws and regulations.This is a redefinition for the environmental monitoring agencies.Since there is a difference in the provisions between the new "Environmental Protection Law" and the "Guidelines",it is necessary to clearly define the legal position of the "Environmental Supervision Agency" which needs to be addressed in environmental law enforcement and environmental regulation.