Research On Legal Problems And Countermeasures In China's Environmental Protection Supervision System

At present,China's environmental supervision system has basically formed the central environmental supervision,the six regional supervision center routine supervision and comprehensive supervision of environmental protection work together.The main body of the central environmental protection supervision is the leading group of supervision work dispatched by the central office of environmental protection supervision under the ministry of ecology and environment,which is mainly composed of leaders at the provincial or ministerial level.The supervision targets are party committees,governments and enterprises at all levels.China's current system of environmental protection supervision has the characteristics of high level of central environmental protection supervision,wide scope of supervision,the same responsibility of the party and government,and double responsibility of one post.The first part is to discuss the status and characteristics of the implementation of environmental supervision system,as well as the relevant basic theories.From "environmental supervision" to "environmental supervision",and then to "environmental supervision",which places equal emphasis on the responsibility of the party and government,supervision and supervision of enterprises,China's environmental supervision has now formed a relatively complete system.The environmental protection inspectorate takes the policy norm as the main legal basis,takes the party and government together responsibility as the core responsibility,and gradually transforms from the unconventional management pattern to the routine management pattern.The theoretical basis of environmental supervision comes from the theory of power restriction and supervision and the theory of responsible government.The theory of power restriction and supervision points out the necessity and way of power supervision,that is,power restriction and power supervision.The theory of responsible government requires the government to assume legal responsibilities and perform functions.The second part is to analyze the legal basis,supervision subject and supervision accountability of China's environmental supervision system.At present,China's environmental supervision system is mainly based on party-government joint normative legal documents,and the accountability of environmental supervision is mainly based on inner-party laws and regulations and normative documents.At present,the logical structure of the provisions is not clear,which is easy to cause difficulties in application.In terms of supervision body,the current environmental protection supervision mainly takes the administrative organ as the supervision body,and the public as the main body lacks of external supervision.Therefore,the main body of supervision should be expanded to the public.In terms of supervision accountability,China's environmental supervision system still has some inherent disadvantages of administrative accountability,such as the lack of supervision accountability procedures and the narrow scope of accountability authority.The third part is the investigation of the environmental protection supervision system outside the regional experience and the implementation of environmental protection supervision system to crack the barriers.It mainly draws lessons from the American regional supervision system and the Russian land supervision system.First of all,the establishment of a trans-regional supervision agency with certain enforcement powers by referring to the United States is to deal with the narrow scope of supervision in China's current environmental supervision center,specifically through the rule of law of the environmental supervision system.Secondly,through the investigation of the communication and coordination system in the land supervision system of Russia,it is suggested that China should strengthen the information sharing and cooperation and communication among all departments in the supervision process,improve the construction of public participation mechanism,and establish a good external communication mechanism.To solve the problems in the accountability of environmental supervision,we should improve the accountability procedure of environmental supervision and the remedy procedure of environmental supervision.