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Study On Mechanism Of Supervisory Law Enforcement Of Marine Environmental Protection Under The Background Of Land-sea Coordination

Posted on:2022-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y R LiFull Text:PDF
GTID:2506306536952549Subject:Law
Abstract/Summary:PDF Full Text Request
The essence of land sea co-ordination is to make unified planning for land and sea,and promote the coordinated development of land and sea integration.In the report of the 19 th National Congress of the Communist Party of China,it is proposed to adhere to the principle of land and sea as a whole,which indicates that the land and sea as a whole has become the focus of China’s current ecological environment construction.A number of decisions formed on this basis also provide direction and support for the supervision and law enforcement of marine ecological environment protection.In 2018,the State Council established the Ministry of ecological environment through institutional reform,integrating the marine environmental protection responsibilities of the former Ministry of environmental protection and the State Oceanic Administration,opening up the land and marine ecological environment supervision and law enforcement in terms of policy,and the original marine ecological environment supervision and law enforcement mechanism has changed.Therefore,it is the top priority for China’s marine protection and development to find out the difficulties of the current supervision and law enforcement mechanism of marine ecological environment protection in time and improve it effectively.This paper will study the supervision and law enforcement mechanism of marine ecological environment protection in China from the following four aspectsFirst of all,analysis of the status and problems.Although China has a set of legal guarantee system for marine ecological environment protection,it still faces the problem of lack of legal basis for comprehensive law enforcement mechanism.Due to the lack of complete supporting programs in the reform of comprehensive law enforcement agencies,the actual situation in many places is still that the marine bureau and other departments constitute a number of marine law enforcement teams,which fails to realize the overall planning of marine ecological environment protection by the ecological environment department.There are also problems of disordered establishment of law enforcement personnel and improper handover of law enforcement equipment.The means of supervision and law enforcement of marine ecological environment protection are still mainly administrative means,economic means have not fully exerted the effect of law enforcement,and law enforcement means are weak and lack of diversity.Secondly,by analyzing the causes of the current problems,it is concluded that the main reasons for the above problems are: the lack of timely improvement and modification of the supporting legal system makes the law lag behind;the lack of overall planning in the process of institutional reform and the negative attitude of some local governments lead to the slow reform process and improper convergence;the economic inertia affects the government’s law enforcement motivation and hinders the government’s supervision Traditional ideas influence the way and effect of supervision and law enforcement.Thirdly,it clarifies the guiding principles and reform requirements of land and sea coordination for the supervision and law enforcement of marine ecological environment protection.The strategy of land and sea co-ordination aims to build a comprehensive,coordinated,unified,simplified and efficient marine ecological environment supervision and law enforcement mechanism,so as to clarify the boundaries of law enforcement powers and responsibilities of various departments,cultivate a professional and standardized maritime law enforcement team,and realize the comprehensive law enforcement of land and sea.Finally,the paper puts forward the implementation path of deepening the land and sea coordination in the supervision and law enforcement of marine ecological environment protection in China,and improves the legal system by strengthening the top-level design of legislation,supporting legislation from the top to the bottom,realizing the special legislation of river basin,and timely revising and adjusting the relevant laws;and improves the legal system by promoting the tournament mechanism of non economic River Basin,establishing the comprehensive law enforcement agency of land and sea coordination,and strengthening and standardizing the law enforcement supervisors To strengthen the construction of law enforcement team,we should give the river basin management agencies the power and responsibility to prevent and control pollution,establish regional coordination mechanism to promote the linkage governance of river basin and sea area,improve the administrative means and strengthen the economic means by combining the market means and social means.
Keywords/Search Tags:Land-sea coordination, Marine Environment, Supervisory Law Enforcement, institution reform
PDF Full Text Request
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