Research On Procuratorial Supervision Of Environmental Administrative Law Enforcement

The problem of environmental pollution in China is very serious.It has become the bottleneck of social prosperity and economic development,which seriously affects the quality of life of the masses.The environmental administrative departments of various regions are not exercising their authority or failing to make their functions and powers prominent.The lack of supervision in environmental administrative law enforcement is also one of the most important reasons for the serious environmental problems.At present,our country has formed a set of more perfect supervision system for the supervision and restriction of environmental administrative law enforcement power.However,the administrative reconsideration,administrative litigation,administrative supervision and other systems have not been effectively and effectively implemented.In addition,there is a lack of normalization,externalization and microcosmic supervision in environmental administrative law enforcement and procuratorial supervision,which can not effectively supervise the environmental administrative power.Therefore,it is necessary to improve the procuratorial supervision system of environmental administrative law enforcement.The procuratorial supervision of administrative law enforcement means that the procuratorial organ finds out that the administrative organs are in violation of their functions or exercising their functions and powers in performing their duties.They should supervise and urge them to correct the legal supervision procedures,which do not constitute a crime.The text of this article is divided into five parts: the first part is the historical evolution.By combing the administrative law enforcement supervision in our country development phase,1979 to 2014 the fourth Plenary Session of the 18 th CPC Central Committee to restore the procuratorial supervision system of environmental administrative law enforcement supervision system is the origin and development stage;2014 the fourth Plenary Session of the 18 th CPC Central Committee so far,is the perfect stage of administrative law enforcement procuratorial supervision system.The second part is the current situation and existing problems of environmental administrative law enforcement procuratorial supervision in China.This article analyzes the main contents of practical texts for the entry points of practice texts,and puts forward some problems,such as lack of legal basis,difficulties in investigation and evidence collection,insufficient supervision force,insufficient source of cases,and supervision effectiveness.The third part is the necessity of perfecting the procuratorialsupervision of environmental administrative law enforcement.This paper argues that some existing environmental administrative law enforcement supervision systems have not been effectively implemented,and the external supervision mechanism of normalization and externalization of administrative organs is established;the basic principles of environmental law conforming to the precautionary principle and their functions should be positioned as supplementary law enforcement.The fourth part is the supervision of the procuratorial organs on the law enforcement of environmental administration.To clarify the subject of environmental administrative law enforcement and its responsibilities,and to focus on the supervision and review of the procuratorial supervision of administrative law enforcement.The fifth part is the suggestion to perfect the procuratorial organ to carry out the supervision mechanism of environmental administration law enforcement.Including the limited,ex post and necessary supervision principles,strengthening the procuratorial supervision power of administrative law enforcement,giving the right of investigation and verification,perfecting the supervision way of procuratorial suggestion,expanding the channels of case clues,and enhancing the actual effect of the procuratorial supervision system of environmental administrative law enforcement.