Research On The Legal System Of Environmental Protection Credit "Blacklist"

In view of the limitations of the traditional "command and control" supervision mode in the field of ecological environmental governance,the new supervision mode based on credit supervision and supplemented by key supervision has become the reform direction of ecological environmental protection supervision.Environmental protection credit "blacklist" system is a new governmental supervision means based on credit supervision,which has played an important role in practice by virtue of enterprise environmental protection credit information disclosure and joint punishment mechanism for dishonesty.However,the current environmental protection credit blacklist system has some problems,such as generally low legislative level,lack of upper legal basis for joint punishment measures,insufficient procedural provisions and imperfect guarantee mechanism,which lead to different local practice standards and the trend of differentiated enforcement and generalization of application.Therefore,it is important to standardize the applicable conditions and scope of the environmental protection credit "blacklist" system,improve the applicable rules and procedures of the system,strengthen the connection with relevant environmental protection laws and regulations,and refine the management norms.Based on the environmental information regulation applicable in the ecological environment protection practice problems as the guidance,to explore from the perspective of the rule of law the legal attribute of green credit "blacklist",the system of legal value and function,through the analysis of the implementation status of local environmental credit blacklist system reveals the limits of the system,summarizes the effective exploration achievements,Finally put forward the effective suggestion to perfect the environmental protection credit blacklist system.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter is the overview of environmental protection credit "blacklist" system.In this chapter,the concepts of blacklist,credit supervision,joint punishment for trust-breaking and other related concepts are defined and their basic characteristics are analyzed based on the operation mechanism of the system.Secondly,the legal attribute of environmental protection credit blacklist is defined.Finally,this paper introduces the implementation of the blacklist of environmental protection credit from two aspects of legislation and practice,laying a foundation for the research of the following paper.The second chapter is the theoretical basis and value function of environmental protection credit "blacklist" system.Firstly,the theoretical basis of the new public governance theory,market failure theory and the right to know theory are analyzed.Secondly,it discusses the value and function of the system from three aspects: promoting the transformation of government environmental supervision,strengthening the responsibility of enterprises for environmental protection,and speeding up the construction of social credit system.The third chapter is the existing problems of environmental protection credit "blacklist" system.Combined with the status of the system practice,the paper discusses the system positioning,basic elements and guarantee mechanism respectively,and explores the problems existing in the application of the "blacklist" of environmental protection credit from the aspects of legal basis,applicable standards,release procedures,withdrawal mechanism and accountability mechanism.The fourth chapter is the suggestion of perfecting the environmental protection credit "blacklist" system.First put forward the improvement of the green credit "blacklist" system should follow the basic principles of credit regulation,secondly the problems existing in the process of system is puts forward the corresponding suggestion,respectively,including environmental credit "blacklist" system clearly positioning,and improve the system of green credit "blacklist" of elements content and improve the environmental credit guarantee mechanism three aspects of "blacklist" system.