Research On The Law Enforcement Swing Phenomenon Under The Background Of Environmental Protection Supervisio

Law enforcement swing is the description of law enforcement subjects in the process of law enforcement,at different time points in the same area,the phenomenon of the alternating existence of law enforcement effectiveness and failure,which is the performance of selective law enforcement in the time dimension.Nowadays,environmental protection inspectors are in full swing,environmental protection storms are sweeping the country,and there is a "law enforcement swing" phenomenon in the field of environmental protection law enforcement.Under the background of environmental supervision,this paper takes the basic environmental law enforcement wobble phenomenon in a certain region as an example.From the perspective of embedded,this paper analyzes the grassroots environmental law enforcement as a micro level behavior and the result of embedding in the macro environment,and concludes that the wobble phenomenon of environmental law enforcement is caused by multiple factors embedded in the complex environment.At present,there are many theories supporting the phenomenon of law enforcement swing,all of which have explanatory power to a certain extent.In this paper,from the embedded perspective,focusing on the importance of environment for law enforcement,the current environmental law enforcement is analyzed under the influence of three major environments,namely,centralized system environment,technological environment and social relationship environment.Every environment has a certain degree of influence on the effectiveness of environmental law enforcement.In the past research on administrative law enforcement,Professor He Yanling,who proposed the embedded perspective for the first time,believes that environmental protection is embedded in the "centralized system environment",and the shift of central work within the centralized system is the cause of law enforcement swing phenomenon.However,this theory is based on the issue of "land enforcement".In the field of environmental law enforcement,"environmental protection",as the central work of local governments,will produce the same problem.Therefore,this argument can explain why the phenomenon of "selective law enforcement" also appears in environmental law enforcement.However,there are still some problems with the application of this theory in the field of environmental protection.First,why does law enforcement still wobble to a certain extent under the same central work? Second,in the field of land law enforcement,law enforcement itself is based on the premise of "violation" of land use,and law enforcement has a basis.In the field of environmental protection,due to the complexity of the judgment of "violation" and the "policy changes" caused by environmental protection,law enforcement itself may face unreasonable conditions.Based on these two problems,this paper firstly makes an in-depth supplement to the "centralized system environment".Secondly,it puts forward two new environments under the "centralized system environment".First,environmental protection is embedded in the "technical environment".Second,environmental protection is embedded in the "organizational social relations environment".When environmental protection is embedded in the "centralized institutional environment",in addition to the central work,we also supplement the impact of the high-pressure environment of environmental protection in the system and the alleviated "block contradiction" on law enforcement.When environmental protection is embedded in the "technical environment",environmental protection naturally has certain technical conditions.When carrying out environmental protection law enforcement,especially for pollution identification,relevant environmental protection equipment needs to be adopted or introduced.Compared with land law enforcement or urban management law enforcement,there are certain technical requirements.When the center of environmental protection comes to work,the frequency of environmental protection law enforcement suddenly increases.At this time,there is a vacancy of mobile equipment,resulting in no standards for environmental protection law enforcement,the increase of residual law enforcement power,and the law enforcement itself may be unreasonable.At the same time,there is also a vacancy of personnel,the number of people with environmental law enforcement experience is small,which is also easy to lead to the enforcement of the pendulum.Therefore,in underdeveloped areas,because environmental law enforcement naturally requires "technology",it cannot provide a good physical environment,leading to law enforcement wobbles.Environmental protection is embedded in the "social relations environment".When the central work comes,there will be a game between different subjects in the social relations,and the game will lead to the phenomenon of interest,including the government.Under the interest trend,the internal driving force of environmental law enforcement appears different situation.Under the centralized system,environmental protection,as the central work communicated by superiors,is a political task for local governments.At this time,local governments need to complete the political task,which is the external pressure,but the internal motivation for environmental law enforcement is naturally insufficient.At this time,faced with the specific interest issues involved in "who should pay for environmental protection" under the work of the Center,governments in different organizational and social relations would produce different profit-seeking behaviors in order to meet the endogenous dynamic conditions,leading to "collusion","risk avoidance" and other behaviors,leading to law enforcement wavering.