Research On The Risk Prevention Of Environmental Law Enforcement

The current society is a risk society. The illegal act of government which is responsible for the control of social risks may be the initially formed elements of risk. The administrative law enforcement field is the field of most frequently contact, and the most easily to intensify social contradictions between the officials and people. Therefore, the realization of “harmony between the government and citizens”, to the right of the public and private benign and harmonious interaction, prevents risk of administrative law enforcement is the necessary condition of "Chinese dream". Environmental problem is a key problem for the people’s livelihood. The formulation and implementation of new environmental law has brought new opportunities and challenges to environmental law enforcement. There will be risks in the process of dispute coordination of the various main body interests’ relations in the environmental law enforcement. In recent years, the environmental group events is increasing, which means that environmental law enforcement risk is "outstanding" in the field of administrative law enforcement. This paper focused on the risk and prevention in environmental law enforcement, the purpose is definite the risk of environmental law enforcement through the empirical analysis and theoretical research, and construct the internal prevention mechanism for the risk of environment law enforcement based on the theory of risk management and administrative self-restraint, and in the angle of the process of environment administrative power, to regulate the environmental administrative power, provide experience for the other administrative law enforcement in the field of risk and prevention.The risk of environmental law enforcement is the possibility of adverse consequences between the body of environmental law enforcement and the other party in the process of the exercise of environment power because of the influence of the subjective and objective factors. Such as causing the dispute and conflict between law enforcement body and the other party, causing casualties and property losses, and even lead to mass incidents, causing social instability, and being requested for reconsideration and litigation, undertaking corresponding legal responsibility, causing the decline of government credibility and loss of authority. The common characteristics between the risk of general administrative law enforcement and environmental law enforcement are objectivity, uncertainty, and chain. Its own characteristics are the risk of environmental law enforcement is widespread, high social awareness, and complexity of environmental law enforcement decisions on the unknown. According to the different causes, risk can be divided into the risk as a cause of risk and not as a cause of risk; According to the different risk point, the risk can be divided into the risk of internal cause and the risk of external cause, according to the relationship between risk and substantive or procedural law, the risk can be divided into risks related to the substantive law and risks related to the procedural law.The reasons of the risk in environmental law enforcement include the direct reasons and the deep reasons. Direct reasons include the causes from the body of law enforcement and the other party. The power of environmental law enforcement is not standardized exercise, law enforcement philosophy behind, improper enforcement, the quality of law enforcement personnel qualities are the causes of body of law enforcement. Due to the legal consciousness is not high, interest expression is improper, the other party resisted the enforcement of the law and refused to law enforcement are the other causes of the risk in law enforcement. The deep reasons are mainly include our country’s environmental protection laws and regulations are not perfect, the environmental law enforcement system is not scientific, the diverse and complicate interests in the process of environmental law enforcement, and impact of local protectionism. The process of environmental law enforcement involving the conflict and coordination between public interest and private interest, environmental protection and economic development, which is the conflict and coordination between public interests and local interests, and the relevant interests in the environment related stakeholders. The impact of local protectionism is obvious in the field of environmental law enforcement. Even the local government execute environmental laws and regulations negatively, improper intervenes the activities in environmental law enforcement, environmental law enforcement injustice, which reduce the credibility of the government behavior.The risk prevention of environmental law enforcement is study in the big background of the rule of law. The theoretical research and system construction are researched according to theory of risk management and administrative self-restraint. The paper definite the concept of risk in the environmental law enforcement in reference to the concept of "risk" in risk management theory. Risk prediction, risk analysis, and risk assessment in the theory of risk management are introduced into the risk prevention of environmental law enforcement. Precautionary principle in the theory of risk management provides the guidance of the principle for the risk prevention in environment law enforcement. The target of the theory of administrative self-restraint is control the administrative power, which is same with the target of the risk prevention in environmental law enforcement. Through the reflection on the traditional control theory, the paper analyzed the legitimacy and feasibility of preventing the risks of environmental law enforcement by the application of the theory of administrative self-restraint.Measures to prevent the risk of environmental law enforcement include external and internal preventive measures; this paper constructed the internal control system of risk prevention in the environmental law enforcement according to the process of environmental law enforcement and in the angle of administrative self-restraint. This paper didn’t exclude external preventive measures. The risk and prevention system of environmental law enforcement including prevent the risk in advance, control in the process, and deal with afterwards. The measures of preventing the risk in advance include setting up the risk assessment mechanism in environmental law enforcement, establishing the discretion benchmark system in environmental law enforcement, strengthening the cultivation of personnel administrative ethics in environmental law enforcement, improving their own quality. The measures of controlling in the process included perfecting information publicity in environmental law enforcement, perfecting the public participation in environmental law enforcement, transforming the mode of environmental law enforcement. The measures of preventing the risk afterwards included setting up the risk evaluation system in environmental law enforcement, perfecting the mechanism of self-repairs in environment law enforcement and internal responsibility mechanism in environmental law enforcement.The significance of studying the risk and prevention in the perspective of administrative self-restraint is to correct the past tendency of relying on external regulation on the administrative power single, using the internal administrative law to control the administrative power. That is, studying the risk and prevention of executing power from power itself, to construct the system of the risk and prevention in administrative law enforcement, included preventing the risk in advance, controlling in the process, and correcting afterwards, which is accord with the rule of law in our country, the construction of ecological civilization and the objective requirement of building a harmonious society.