The Explorations On Chinese Enforcement Of Environmental Law

Along with the perfection of the environmental laws and regulations as well as the establishment of its system, the enforcement of such laws becomes more and more important in the protection of environment in our country. The high efficiency of the enforcement has immediate influence on the realization of the goals of environmental laws. Although the enforcement has been strengthened unceasingly in recent years, there still are some barriers in the practice of environmental laws. To further enhance the actual effect of its enforcement in our country, this thesis summarizes these barriers and discusses the theoretical ways to deal with them in scientific methods by means of benefit analysis and comparison, providing the enlightment and feasible measures to solve the difficulty in the enforcement of environmental laws.Interests are the basic question for human beings, and the interest analytic method is essential in Marxist methodology. In terms of this method, the present thesis analyzes the different motives of various participants in the enforcement of environmental laws and their relations. Meanwhile, the thesis also analyzes the barriers in the enforcement in terms of interest. The participants mainly includes the environmental law executors and its breakers, they are drove by the respective interests in the according behaviors. As the contrary unification, they carry on a mutual interests gambling. This thesis analyzes their interests gambling results according to the theory of gambling and obtains the conclusions which are beneficial to the enforcement of environmental laws.The results of interest analysis indicate that it is necessary to establish the interior mechanism of rewards and punishment in the law enforcement agency, urging the executors'enthusiasm by interest to suppress their negativity in the law enforcement, which is effective to reduce the cost of law enforcement, and helpful to enhance its effect. Meanwhile, the analytical results also indicate that while strengthening the enforcement towards enterprises, such as increasing their cost to be environmental law breakers and reducing their profits obtained from law-breaking, we should pay great attention to the economic means like providing preferential credit and preferential tax as well as the non-compulsive means such as administrative instruction and administrative agreement, to enhance the enterprises' profits for their obeying the environmental laws, which is supported by the coordinated function of the positive interest drive and reversed suppression. On the other hand, according to our reality, it is important to eradicate the regional protectionism in the enforcement and guarantee the unimpediment of the government orders. To consummate the laws is the inevitable request to realize the harmonious interest relationship, which can also be promoted, in terms of the perspective of morals, by strengthening the education on the environmental ethics.Based on the common traits of environment and the similarity of socio-economic development, the overseas enforcement experience accumulated in the practice of the environmental laws provides important enlightenment for us. Despite the differences in the respective conditions of enforcement, from the angle of analysis of interests the measures employed in those developed countries provide us rich experience in economic means like the environmental revenue, environmental expense collection and credit adjustment etc. and non-compulsive means including the administrative instruction and administrative agreement and so on. In contrast, we have obvious insufficiency in the application of those methods. The most important premise in the solution of the problems existing in the enforcement of environmental laws is to summarize the barriers in practice, which including legal barriers out of flaws in the environmental laws and regulations, system barriers of the undivided power and responsibility in the enforcement and idea barriers of the backward consciousness about the significance of environmental laws.Based on the interest analysis and in terms of three aspects including the interest reassignment of participants, the interest coordination in enforcement and moral coordination, the author proposes the following countermeasures including the consummation of laws, the independence of enforcement agency, the integration of various means and the definitude of responsibility in law enforcement as well as the intensification of ethical education, to solve the problems existing in our environmental law enforcement.