Research On China's Environmental Administrative Law Enforcement

Environmental administrative law enforcement is one of the important issues perplexing domestic and foreign academic circles.How to effectively standardize environmental administrative law enforcement,improve governance effectiveness and promote the development of the rule of law have become the research focus of scholars at home and abroad.Under the influence of many factors,such as history,human factor and administrative management system,the disagreement between theory and practice in the operation of environmental administrative law enforcement power in our country leads to conflict among regional society,economy and environment,coupled with the gradual turn of existing policies,standardizing the operation of power may have become the next direction of the reform of environmental administrative law enforcement in our country.Therefore,it is of great practical significance to study it from the perspective of standardizing the operation of power.First of all,to sort out the concept and theoretical basis of environmental administrative law enforcement.Mainly briefly defines the concept of environmental administrative law enforcement,the subject,the behavior,and authority of environmental administrative law enforcement.Then,the theory of separation of powers,the theory of limited government,the theory of public choice,the theory of people's sovereignty,the theory of ecological diversity and the theory of environmental justice are taken as the theoretical basis of the article.Secondly,analyze to the current situation of environmental administrative law enforcement.The current situation is analyzed through the three links of environmental administrative law enforcement the subject,the content of authority and procedures.As for analysis of law enforcement subjects,under the background of increasingly unified policies,China's environmental administrative law enforcement subjects have gradually formed a mode which is dominated by the government,mainly implemented by the ecological environment departments and assisted by other departments.At the same time,the team of comprehensive law enforcement for ecological environment protection is gradually becoming the specific executor of environmental administrative law enforcement.In terms of sorting out the functions and powers,under the background of the reform of the environmental protection system,the division between the enforcement power and the supervision power has become more and more obvious,and the boundaries among law enforcement subjects have become increasingly clear.And gradually formed four main types of administrative permission,administrative punishment,administrative coercive power,supervision,and inspection power.Through the analysis of the law enforcement procedures,at present,China's environmental administrative law enforcement procedures do not yet have a unified procedure setting,only set in the administrative punishment,and its clearer system setting provides an effective basis for the implementation of environmental administrative punishment in China.Thirdly,through the analysis of practical cases,identify existing problems and their main causes.At present,the problems existing in environmental administrative enforcement in China are mainly manifested in the lack of comprehensive enforcement control power.Moreover,abuse of power also exists in specific environmental administrative acts,which are manifested in the violation of legal purposes by law enforcement concepts.The concept of law enforcement is inconsistent with the basic principles of environmental law and administrative law.In addition,the relevant factors in the specific implementation are not properly considered,and the law enforcement behavior is excessively delayed,even worse,unequal law enforcement and insufficient attention to procedural violations in practice all lead to the abuse of power in environmental administrative law enforcement.The above problems are mainly caused by imperfect system design of comprehensive law enforcement,imperfect accountability mechanism,low public participation,and alienation of environmental administrative law enforcement concepts.Fourthly,through the study of abroad relevant system experience,find out specific system design of control enforcement power.Mainly through the analysis of environmental administrative law enforcement and relevant system concept in Japan,the United States,Germany,that clearly methods of control enforcement power and public participation.And absorb the specific system ideas suitable for the implementation of environmental administrative law enforcement in China,so as to enhance the construction of environmental law enforcement in China.Finally,from the perspective of regulating the operation of power,put forward theoretical ideas to improve the environmental administrative law enforcement in China.Aiming at the problems of comprehensive law enforcement,it is proposed to clarify the transfer of power and improve the personnel selection mechanism to solve it.For the abuse of power,it is planned to adding environmental abuse power review standards and improving public participation methods to solve it.In the specific setting of public participation methods,it is proposed to improve the effectivity of the reporting system by improving the reporting mechanism of environmental administrative law enforcement;the convenience of information disclosure is planned to be realized by perfecting the existing specific laws and regulations;the untrueness of information disclosure is to be solved by constructing an environmental information exchange system.To solve the problem of insufficient attention to procedural violations,it is planned to be solved by perfecting the existing law enforcement procedures and constructing an environmental law-abiding assistance system.In conclusion,the result of the abuse of power as a trigger to affect the effectiveness of regional environmental governance is universal and objective.This conclusion makes standardizing the operation of power an urgent issue to be considered in the subsequent reform of the environmental administrative law enforcement system.International development trends also indicate that reasonable and effective control can bring better gains to the improvement of regional environmental quality.