Study On The Administrative System Of Environmental Protection

In the period of sixty years since new China was founded, the economic construction and social developments in China have significant progress. However with the continuous economical and social development so many problems still are exposed in this process, such as environmental degradation, resource shortage, pressure of population, as well as the conflict between environment and development, all of which has become a bottleneck restricting comprehensive building a harmonious society in China.Environmental protection, a basic national policy of China, has included in the Constitution. At the mean time the enactment of the "Environmental Protection Law" and " Circular economy Promotion Law" improving the whole environmental laws system have achieved some results in aspects of Chinese economic construction, maintaining the sustainable development and the balance relationship between economic development and environmental protection. However, in the eyes of the practical point of view, Chinese environmental protection is not optimistic which is facing serious environmental problems.Economists believe that government should have responsibility to solve external problem and supply the public goods. The government plays a leading role on environmental protection because of the public nature of environmental protection, external characteristics of environmental pollution. Thus administrative system is necessary for environmental protection.The author gave some ideas to the research object, administration system on environmental protection, through analysis of Chinese current system of environmental protection administration and comparative study in this point between United States and Japan. This paper consists of the following part: The article first attempts using the example of"Algae in Taihu lake"to show the relationship between the administration system and present Chinese environmental pollution and analyses the reason and solution way through positive analysis. The article thinks that the current defects in system of environmental protection administration lead to negative environmental protection and pollution incidents.The second part is about the specific description and analysis on Chinese present environmental protection administration system. Through introducing environmental protection administration in China I believe that there are six main issues: 1. Dispersed system of environmental protection administration and superfluous sections; 2. Overlapped responsibilities and powers in environmental protection agency; 3. Imperfect in body of environmental protection department; 4. Non-standard license restricted environment functions effectively; 5. Territoriality relations lead to weakening of the local environmental protection administrative department; 6. Dualistic nature in urban and rural structure on environmental protection administration system.Some related theoretical basis is explained in the third part of the article. Through historical research methods I try to indicate three theories, externalities and public good theory, public choice theory and intergovernmental relations, and combine these with the administrative system of environmental protection.The fourth part of the article is to research on the basis of comparison of United States and Japan in the administrative system of environmental protection. Here the main methods are comparative research methods, historical research methods and empirical research methods. The lessons in this point are: 1. The central environmental protection administration departments in the administration of the environmental protection system should be at the heart of the exercise of unified management of environmental protection, supervision and guidance functions, the central environmental protection administrative department within the more specialized institutions, especially agricultural land and water in rural areas , pesticide pollution prevention and control departments, as well as recycling economy promotion department; 2. The local environmental protection administration system should be established according to specific geographical situation of the different authorities, as well as long-term coordination mechanisms between local governments, local government should be to complete the specific environmental affairs, the establishment of integrated environmental authorities from time to exist; 3. The central division of environmental protection administration departments of environmental protection administration region through science, the establishment of regional branch offices, capital subsidies, policies to encourage environmental protection, etc. with the local administrative system to form a good interaction, the formation of sound environmental protection system; 4. Construct branch offices in the enterprise; 5. independent financial support and strong support of human research.The last part is viewpoint on administrative structure of environmental protection. Firstly, establish a "government by the rule of law" and "service-oriented government" is the core of the administrative system as a basis for the transformation of government functions, optimizing the structure of government. Secondly, make the central environmental protection administrative department on the dominant position through legislation, such as the environmental protection administrative functions of the central environmental protection administrative department, Conference on the establishment of national systems to coordinate environmental affairs departments of environmental protection and improve the environmental impact report approval system in three areas to complete. Thirdly, improve the environmental protection department organizational settings, make major professional organizations detail the formation of functional constraints and the coordination of scientific institutions and improve their functions to send and to balance the environmental functions of urban and rural areas. Fourth, the strengthening of local environmental protection administrative department functions, the point is to strengthen the status of the provincial environmental protection administration departments and implement three main areas of environmental protection administration system and to encourage coordination between local government mechanism of environmental communication and collaboration ; Fifthly, assurance on financial and support on technology.