Environmental administrative law enforcement problems and countermeasures

Problems and Countermeasures in Environmental Administrative Law Enforcement1

Abstract: In the new form, China's environmental legal system has been strengthened, the level of environmental administrative law enforcement has been greatly improved, the basic formation of the legal system of environmental protection with Chinese characteristics, and greatly changed the situation in the past that the environmental protection of the situation of non-compliance.

However, due to a variety of conditions, there are many problems in the environmental administrative law enforcement activities, in order to correctly use the administrative law enforcement power in the future environmental supervision and management, should be analyzed, in order to prescribe the right medicine to improve.

The author of the main problems in environmental administrative law enforcement activities to discuss:

Keywords: environmental law enforcement; problems; countermeasures

1 environmental administrative law enforcement problems

l.1 the weak concept of the rule of law, the impact of or interference in environmental administrative law enforcement.

Some departmental leaders have a weak concept of the legal system of environmental protection, so that the existing environmental laws and regulations in real life can not be seriously implemented, a few leaders and even use their powers to interfere with the environmental administrative organs of the specific administrative law enforcement activities.

Certain leaders, heavy economic light environmental protection, in order to the interests of the department, at the expense of the environment in exchange for immediate benefits.

1.2 Environmental protection laws and regulations are not perfect, bringing difficulties to environmental administrative law enforcement.

China's existing environmental protection laws and regulations are unclear, non-specific, unclear legal responsibility and procedural imperfections, which gives the environmental administrative organs to exercise normal administrative law enforcement activities have brought a lot of difficulties.

1.2.1 Regulations are not perfect.

For example, the management of environmental protection of construction projects is one of the most effective means of environmental management to prevent the generation of new sources of pollution.

The People's Republic of China *** and the State Environmental Protection Law provides for this in principle, nuclear pollution, solid waste pollution and other areas of regulations are not complete, there is still no basis for the situation.

And environmental administrative law enforcement practice in the upper and lower levels of the environmental protection department responsibility of the division of the problem, that is, what is the standard to determine the law enforcement relative to which level of environmental protection department management and environmental administrative law enforcement in what circumstances by which level of environmental protection to exercise, there is no legal provisions.

1.2.2 Inadequate enforcement procedures.

Because the environmental enforcement procedures are not sound, there is a serious arbitrariness and blindness in the environmental administrative enforcement activities.

Environmental administrative law enforcement must be strictly in accordance with the procedures set out in the law, take the appropriate form.

In practice, it often happens that some of the environmental administrative law enforcement in the technical issues of improper handling of the situation, such as environmental administrative penalty decision is not clear, improper language, etc., and may lead to other disputes, affecting the effect of environmental administrative law enforcement.

1.2.3 Environmental standards are not perfect.

Environmental standards are the technical basis and guidelines for state environmental supervision and management, and are the yardstick for environmental administrative law enforcement, playing an important role in environmental supervision and management.

Although China has promulgated a large number of environmental standards, but not perfect, some environmental standards have not yet been formulated, and some of the pollutant discharge standards, but no fee regulations, and so on.

1.3 The duties of law enforcement agencies are unclear, and the quality of law enforcement personnel is not high.

The scope of duties of the environmental administrative organs of the law enforcement is not clear enough, the quality of law enforcement personnel is not high, so that the lack of coordination between the various law enforcement agencies, in the law enforcement activities of their own violations of the law occur from time to time.

1.3.1 The scope of environmental administrative law enforcement is very broad and complex.

According to the provisions of China's environmental protection law, the administrative department of environmental protection of the people's government at or above the county level is the department that implements unified supervision and management of environmental protection, and is the main aspect of environmental administrative law enforcement.

The national marine administrative departments, port supervision, fisheries and fishing port supervision, military environmental protection departments and public security, transportation, railway and civil aviation management departments at all levels, in accordance with the provisions of the relevant laws on the prevention and control of environmental pollution to implement supervision and management, with certain environmental law enforcement tasks, the people's governments at and above the county level of the administrative departments of the land, minerals, forestry, agriculture, water conservancy, in accordance with the relevant provisions of the law to implement supervision and management of the protection of resources, with certain environmental law enforcement tasks. The land, minerals, forestry, agriculture, water conservancy administrative departments of the people's governments at or above the county level, in accordance with the relevant provisions of the law on the protection of resources for the implementation of supervision and management, and thus have certain resource law enforcement tasks and powers, in a broad sense is also the environmental law enforcement departments.

In addition, the comprehensive economic authorities, customs, industry and commerce administration, health administration, nuclear safety management, etc., in accordance with the relevant laws and regulations, also has a certain degree of environmental management authority, and therefore should also belong to the relevant departments of environmental administrative law enforcement.

1.3.2 Overstepping administrative enforcement.

The authority with the power of environmental administrative enforcement exceeds its authority and makes environmental administrative decisions that do not fall within its own scope of competence, such as the administrative department of environmental protection, which imposes on the management of the relative to the people's government the decision to suspend production and control, order relocation, closure, etc.

The administrative department of environmental protection has the power to enforce the laws and regulations on the environment, and also has certain environmental management powers.

And no environmental management authority to exercise the right to environmental management, such as the local county party committee to make the decision to stop production and governance, which violates the relevant provisions of the environmental law.

The phenomenon of unauthorized administration currently exists to a certain extent in environmental law enforcement, and its harm is very great.

On the one hand, ultra vires administration disrupts the national environmental management system, so that the relevant management organs can not perform their respective duties, each responsible for their own responsibilities, is bound to reduce the efficiency of the administrative management; on the other hand, due to the ultra vires administration is not based on the law, and therefore, it sows the seeds of the environmental administrative disputes, and become the cause of the environmental administrative litigation.

1.3.3 Some departments violate the law.

Some local environmental monitoring stations, environmental protection companies and other departments also implement specific administrative enforcement activities such as the collection of sewage charges, fines, and the issuance of licenses.

1.3.4 The quality of a few law enforcement officers is not high.

A small number of law enforcement officers can not properly exercise the right of administrative law enforcement, some law enforcement officers do not know the law, some do not have a deep understanding of the law, the illegal facts of those who violate the law are not allowed to grasp, as well as the investigation and handling of the procedures are not standardized, and some even in the law enforcement activities of their own serious violations of the law.

Due to historical and various reasons, environmental protection departments, especially the grassroots environmental protection departments have been weak institutions, teams, there is a person wearing several jobs, affecting the normal function of environmental protection law enforcement.

1.4 Institutional affiliation brings enforcement problems.

At present, there are still many environmental protection agencies, especially at the county level, are still attached to a department in the urban construction system, which creates certain obstacles to environmental law enforcement.

This will be the environmental protection agencies attached to other institutions in the practice, so that the environmental protection agencies can not independently exercise the right to environmental administrative law enforcement, to a certain extent, caused by the environmental administrative law enforcement in some places in the form.

1.5 Abandonment of authority to regulate instead of penalize.

According to the provisions of the Environmental Protection Law of the People's Republic of China, the environmental protection department has the responsibility of environmental administrative law enforcement as well as the authority to deal with environmental disputes.

In dealing with environmental pollution disputes, some environmental protection departments only seek to settle the matter as soon as possible, through mediation to make the two sides reach an agreement, in the face of environmental disputes involving environmental violations, not to be punished.

In environmental administrative law enforcement, the phenomenon of replacing administrative punishment with mediation occurs from time to time.

2 Measures and Countermeasures

2.1 Strengthen publicity and education to enhance environmental awareness.

Raising environmental awareness is an effective means of solving many of the current problems in environmental administrative law enforcement by strengthening publicity and education on environmental protection.

Through publicity and education, to improve the environmental awareness of the whole nation and environmental awareness of the law, especially to improve the environmental awareness of the leaders at all levels and leaders of enterprises and institutions, so that they consciously maintain and supervise the environmental administrative organs to correctly exercise the right to administrative enforcement.

2.2 Position environmental protection and economic development.

With the establishment of China's socialist market-oriented economic system, economic construction will undoubtedly be at the core of social development for a long time to come.

To avoid the occurrence of economic impact on environmental protection, it is necessary to act according to the principle of sustainable development, and correct the position of environmental protection and economic development.

2.3 Further rationalize the environmental supervision and management system.

Clearly define the scope of responsibilities of the various environmental administrative agencies in administrative law enforcement, so as to achieve the division of labor and responsibility and close cooperation, collaborative law enforcement.

For example, enterprises to the industrial and commercial sector to apply for a business license, industrial and commercial administration should be timely and environmental protection departments to cooperate with the environmental impact assessment of enterprises, which can promote the implementation of environmental pollution enterprises? Three simultaneous? System to avoid future environmental pollution disputes or unnecessary economic losses.

2.4 Strengthen internal supervision.

Clearly specialized departments are responsible for receiving environmental administrative management relative to the environmental administrative law enforcement complaints, regular and surprise internal administrative law enforcement supervision and inspection, check whether the law enforcement officers are fair and honest law enforcement.

2.5 Improvement and enrichment of environmental protection organizations, and strengthen the construction of environmental administrative law enforcement team.

People's governments at all levels should effectively strengthen the construction of local environmental protection agencies, so that they can effectively exercise their powers independently, so that the organization does not have and the staffing level is appropriate to the tasks undertaken.

At the same time, they should cultivate a well-trained, proficient, good at management, clean and determined to contribute to the cause of environmental protection, and constantly improve the political quality of environmental administrative and law enforcement staff, so that they have the courage to enforce the law, good law enforcement and correct law enforcement.

2.6 Improve the means of law enforcement.

In the environmental administrative law enforcement, we must change the past that rely solely on administrative orders of the tough and dull practices, should rely more on the legal system management means, so that the environmental management work of the legal system, procedural, standardized, scientific.

The current environmental administrative law enforcement problems and countermeasures2

[Abstract] In recent years, with the rapid development of economic construction, environmental protection issues are increasingly being attached importance to, but in the day-to-day work of the environmental administrative law enforcement, but also exposed a number of difficulties and problems, this paper analyzes the environmental law enforcement faced by the dilemma of the deeper reasons, targeted at the legal system, and puts forward a new approach.

[Keywords] environmental administrative law enforcement; problems; countermeasures

Environmental protection is a basic national policy of China.

Since the promulgation and implementation of the Environmental Protection Law, the various systems of environmental protection are constantly being established and improved, and the environmental administrative law enforcement work is also constantly moving towards standardization and legalization.

China's environmental protection has made gratifying achievements, and environmental pollution has begun to be controlled as a whole.

But in recent years, with the rapid development of China's economy, the accelerated process of industrialization, factors affecting environmental protection is also increasing, and local areas even appeared in the trend of increasing environmental pollution.

It is of great significance to strengthen the enforcement of environmental protection, protect and improve the environment according to the law, realize the efficient, sustainable and healthy development of the national economy, and walk out of a road that coordinates economic development and environmental protection.

However, due to the weak force of environmental administrative law enforcement, law enforcement facilities are insufficient, backward means of law enforcement as well as the existing environmental laws and regulations are imperfect, law enforcement is not in place and some other reasons, to our country's environmental protection work to bring a lot of constraints, therefore, to strengthen and improve the environmental administrative law enforcement, environmental law enforcement to improve the effectiveness of the law enforcement has become extremely urgent.

First, China's current environmental administrative law enforcement problems

1, the existing environmental legal system is imperfect

Although China's environmental protection laws and regulations after nearly three decades of development, has a considerable scale, but in some areas are still blank, and some of the existing environmental protection laws and regulations are still defective, seriously lagging behind the reality of the needs of the market economy conditions, the operating mechanism of the market economy is not perfect. The market economy is not compatible with the operation of the mechanism.

Some environmental laws and regulations are not specific, not clear, there is a lack of coordination between each other, and even contradictions and conflicts.

And the legal provisions are too principled, abstract, the provisions of the legal responsibility is too general, leading to environmental administrative law enforcement is difficult to implement the specific operation.

The penalties for environmental violations are not strong enough, and many of the penalties are symbolic and the fines are too low.

In the current environmental protection laws and regulations, the prohibition is more, the penalty is less, easy to lead to environmental law enforcement in the emergence of? Two highs and one low? The phenomenon of high cost of compliance, high cost of enforcement, and low cost of violation of the law, resulting in the destruction of the environment can not give due sanctions for unlawful acts.

The law gives the environmental administrative law enforcement authority is insufficient, the environmental protection department does not have the right to administrative coercion, the refusal to fulfill the environmental administrative penalty decision, the environmental protection department lacks the necessary administrative coercive means of seizure, freezing, seizure, confiscation, etc., and can only apply for the People's Court for compulsory execution, resulting in environmental administrative law enforcement is weak, difficult to comply with the law, which seriously affects the environmental law enforcement work.

2, environmental administrative law enforcement agencies are weak, lack of personnel.

With the rapid development of the economy, in the process of production and construction, a large number of new sources of environmental pollution continue to produce, environmental protection department supervision and management work year by year, the task is more and more onerous.

But in the environmental protection supervision of the most difficult and heavy grass-roots level, the county-level grass-roots environmental protection organizations have not been widely attention.

Some counties and districts of the environmental protection agencies attached to or incorporated into the local urban construction departments, most of the grass-roots counties and districts have not yet established environmental supervision organizations.

And environmental law enforcement equipment is backward, grass-roots environmental protection departments of the existing environmental monitoring, environmental supervision of the serious lack of instruments and equipment, obsolete and backward, less varieties, low grade, the lack of knowledge of scientific, automated instruments and equipment to implement the monitoring and investigation and evidence collection of technical personnel, resulting in environmental protection departments very often there is no way to carry out effective on-site forensics of environmental pollution, resulting in a number of powerful 'evidence' lost, to the enforcement of work brought about by the loss of evidence, and the loss of the environmental protection department. The loss of some of the strong 'evidence, to the law enforcement work has brought great difficulties.

Environmental enforcement forces are weak and understaffed.

In the face of the increasing number of serious pollution of small and medium-sized enterprises, the existing team of law enforcement personnel is far from being able to adapt to the increasingly burdensome task of environmental administrative law enforcement, only to cope with the poor, tired of running for their lives.

This makes the number of daily inspections of sewage disposal units low and the scope narrow.

3, environmental law enforcement personnel quality is low, it is difficult to meet the needs of the work

Due to the wide range of environmental protection law enforcement work, involving a variety of fields and disciplines, so law enforcement personnel not only have to have the basic political qualities, moral qualities, but also should have a broader range of scientific knowledge and the corresponding business skills.

Although, the overall quality of environmental protection law enforcement personnel team is improving, but the high demand for environmental protection law enforcement work and the low quality of the law enforcement team of the contradiction is still prominent.

The problem mainly exists in: low quality of business, law enforcement officers are not familiar with environmental laws and regulations, production processes, industrial policies, some environmental protection law enforcement officers lack of professional ethics, the work of responsibility is not strong, by the influence of profit-driven, the government will be the power of the public **** power and law enforcement behavior market-oriented, engaged in a big deal of power and money transactions, law enforcement at will.

And law enforcement officers have a weak sense of service, the law of the enterprise, policy publicity and guidance is not enough, law enforcement and emergency response capability is not strong, the development of environmental emergency plans, the lack of disposal technology.

In the environmental administrative penalties there are often procedural violations, the application of relevant laws and regulations is inaccurate, factually inaccurate or insufficient evidence, and penalties are not standardized and other issues.

In law enforcement, there is laxity in law enforcement, negligence, dereliction of duty phenomenon, these serious damage to the overall image of the environmental law enforcement team.

4, the local government one-sided pursuit of economic development and neglect of environmental protection

Currently, in some places there is a wrong view of development and performance, due to the cadres in the performance appraisal, promotion and promotion on the focus on economic indicators, the rapid development of the economy has become the primary goal of some local leaders competing to chase.

Part of the leadership on? Development is the hard way? There is a misunderstanding in the understanding, many leading cadres have a weak sense of environmental protection, the environment, the economy and the sustainable development of society lacks a correct understanding of the heavy economic development and light environmental protection, that GDP growth is a hard indicator, and environmental protection is only a soft indicator.

Only focus on attracting investment, but ignored the introduction of many construction projects caused by new sources of pollution and the negative impact on the local environment.

Especially for some polluting enterprises as long as the local taxpayers and the pillar of local revenue, the protection of the enterprise license plate does not allow the investigation, open restrictions on environmental law enforcement agencies in accordance with the law, resulting in a number of? The special? The big polluters have not been able to effectively monitor the environment for a long time.

5, the main body of environmental administrative law enforcement is not clear, multi-management, unclear responsibilities

China's environmental protection in the field of the implementation of the unified management and classification of the combination of multi-sectoral, hierarchical law enforcement system.

The Environmental Protection Law stipulates that local people's governments at all levels shall be responsible for the environmental quality of their jurisdictions and shall take measures to improve environmental quality.

And the "Environmental Protection Law" also provides: environmental protection, marine, fisheries, public security, land, minerals, forestry, agriculture, water conservancy and other departments in accordance with the provisions of the law, the resources, pollution prevention and management, but in reality, environmental protection laws and regulations on environmental protection, how to supervise the administrative department of the supervision of other departments, which have the right to supervise have not been made specific provisions.

It is in this law enforcement system, due to the multiple law enforcement, resulting in law enforcement subjects, law enforcement powers and law enforcement responsibilities scattered, is not conducive to the unified law enforcement and to the environmental protection of administrative law enforcement confusion.

In particular, the relevant departments do not fulfill their duties seriously, and give the green light to the offenders, while the environmental protection departments at the same level are unable to give the necessary constraints.

And when there is a violation of the law, it is easy for departments to pass the buck to each other, which seriously affects the effectiveness of environmental law enforcement.

Second, improve China's environmental administrative law enforcement measures

1, accelerate the revision and improvement of the relevant environmental laws and regulations

To improve and strengthen the environmental administrative law enforcement must be revised as soon as possible to improve the relevant environmental protection laws and regulations, for environmental protection law enforcement to provide a strong legal basis for some of the anachronisms or the existence of serious deficiencies in the laws and regulations should be promptly revised or repealed, the existence of environmental laws and regulations should be revised or repealed. The laws and regulations that are outdated or have serious flaws should be revised or abolished, and the blind spots of environmental laws should be legislated as soon as possible to fill the gaps in this regard.

To formulate the corresponding implementation rules, set the corresponding legal responsibility, reduce the principle of provisions to enhance the operability of environmental protection laws.

Increase penalties for pollution violations and raise the standard of punishment to address the inverse phenomenon of low cost of violations by polluting enterprises and high cost of compliance.

And give the environmental protection administration and law enforcement departments the corresponding administrative coercive power, such as can take the seizure, freezing, seizure, confiscation, ordered to stop production and other necessary coercive measures.

2, enrich and improve the environmental protection law enforcement agencies, improve the quality of environmental protection law enforcement personnel and operational level

Enrich and improve the grass-roots environmental protection agencies, the county level and above must be set up separately to protect the environment management, the implementation of environmental protection law enforcement work of the funds to increase the number of environmental protection law enforcement personnel.

Strictly keep a good eye on the entry of people, and select a number of young, knowledgeable, capable and hardworking people to enter the environmental protection law enforcement departments on the basis of merit.

Improve the professional knowledge structure of the personnel of the environmental protection department and improve the quality of law enforcement personnel.

Increase their sense of responsibility, service and integrity.

Vigorously promote the standardized management of law enforcement teams to achieve civilized law enforcement and standardized law enforcement, and establish a good image of environmental law enforcement.

The environmental business knowledge of the law enforcement officers and law enforcement related laws and regulations to carry out all-round, multi-level training, and gradually improve their theoretical level and ability to solve practical problems.

Equipped with the necessary means of transportation and advanced environmental monitoring, analysis, testing instruments and equipment, to improve the ability to quickly monitor the scene of the source of pollution evidence, to provide a strong scientific basis for environmental law enforcement.

3, the implementation of the local leadership environmental performance assessment, and effectively strengthen the work of environmental protection

Local leaders to establish a scientific concept of development and the correct concept of performance, to establish the concept of ?

To systematically include environmental protection in the performance appraisal of leaders at all levels of the index system, environmental protection indicators as the same as the economic development of indicators to measure the performance of leading cadres at all levels, the implementation of the "one-vote veto system for environmental protection", the "one-vote veto system for environmental protection". The system of environmental protection is a veto system. and Environmental protection accountability system. Where the quality of the environment does not meet the standard requirements, serious environmental pollution of local officials, shall not be promoted and promoted, and even to give a certain amount of punishment, prompting leading cadres to change their mindsets, and effectively enhance the management of environmental pollution, enthusiasm, conscientiousness and urgency, and correctly deal with the relationship between economic development and environmental protection.

4, rationalize the main body of environmental law enforcement system, strengthen the environmental monitoring

First of all, we must unify the main body of environmental law enforcement, clear government departments in all aspects of environmental protection duties and responsibilities of law enforcement, should belong to the environmental protection department and scattered in the various departments of the environmental law enforcement authority as far as possible to the environmental protection department.

Where the subject of law enforcement is involved in more, law enforcement powers and law enforcement responsibilities scattered pollution problems, the environmental protection department and the relevant law enforcement departments to form their respective roles, the co-operation and cooperation mechanism of the **** management.

Strengthen the environmental monitoring efforts, in charge of environmental cases of favoritism, harboring and connivance, shirking responsibility, and the investigation and handling of the serious consequences of the department, to be held accountable for its competent leadership and relevant staff.

The environmental protection department should implement a vertical leadership management system, the appointment and dismissal of the main leaders of the local environmental protection administrative departments below the provincial level, the higher level of environmental protection departments to decide, the local government can only put forward suggestions and comments, so as to avoid local leaders to interfere in environmental law enforcement work, and is conducive to environmental protection and law enforcement work properly carried out.