The Predicaments Of Inefficiency And The Ameliorating Approaches To Executive-capacity In Environmental Protection

China's economic and social development are depending on the environment to a greater degree, the contradiction between economic development and environmental problems were also more prominent. In recent years, coupled with increasingly serious environmental pollution problems, environmental petitions are increasing, abrupt environment affairs and groups of incidents caused by environmental problems go into high-incidence season, environmental issues not only has caused tremendous economic losses, affecting sustainable socio-economic development in China, but also led to social instability. The existence of striking environmental problems are bound up with a phenomenon of orders and prohibitions not carrying out completely in China's environmental enforcement. The low-efficacy of execution-capacity in environment not only affects the government's efficiency and the fairness of the implementation, but also undermines the government's credibility. Therefore, a study on execution-capacity of environmental protection is practicable.From the point of execution-capacity view, this paper uses some research methods such as data studies and systematic analysis method, collects and analyze such information as relevant journals, newspapers, research reports, legal texts, the environment bulletin and the Environmental Almanac, tightly coupling with the low-effect implementation in specific circumstances, then analyze the forming mechanism of execution-capacity in environment and the causes of low-effect in environmental protection systematically. And then, it puts forward an initial proposa: from an environmental economic policy level, the legal level and management level.First of all, this paper explores the definition of execution-capacity, firstly carryes out the etymology of the word, afterwards, pays attention to the interpretation of the combined business management and administrative law about execution-capacity. It believes that the reason why caused low-effect of execution-capacity in China's environmental protection may be filled with capacity to implement, but some person are reluctant to implement, so there is no enforcement efforts; it may be willing to implement, but there is no capacity for implementation, or both. Then the paper conducts an investigation into the forming mechanism of execution-capacity in environment, involving factors like executor, excution resource, implementation process, implementation of the assessment, feedback and control mechanisms and so on. Secondly, after summing up the severe situation that China faced, based on a number of specific examples, the paper points out that the weak implementation of environmental protection is manifested in the inefficient, chaos, corruption and imbalance on execution of environment, it considers interference that results from regional protectionism as a major reason for weak enforcement in environmental protection. In addition, environmental laws and regulations themselves can lead to"delinquency with low-cost, law-abide with high-cost", which may evoke many discharge units to break the law repeatedly, creating pollution and indulging it. Coupled with a wide gap in environmental resources for implementation and the ability of law executor, apart from shortage of anti-pollution funds and lagging monitoring equipment and uneven levels quality of law executor and so on in many places, environmental enforcement departments and other sectors lack of official coordination mechanism has also created an obstacle to China's environmental enforcement.Lastly, combined with the actual situation, the paper puts forward some preliminary improvement paths. In terms of policy areas, environmental economic policy that may play an environmental-orientation role, the establishment of environmental cost allocation and economic compensation mechanisms, the exploration tradable emission permits systems, all these practices can create policy space to enhance environmental protection. In the legal system, through the establishment of a mandatory system of environmental administration, and strengthen the means of implementation to provide power resources for environmental enforcement. Standard law enforcement procedures, to promote enforcement efforts in the direction of legalization, normalization and procedurization. Through the introduction of punitive damages system, we can strengthen the penalties and deterrence efforts for polluters. In view of the increasing frequency of the environmental crisis incidents and then severely damaged, there is need to strengthen the environmental crisis in the rule of law, so come to a balance between"effective response to the crisis and the protection of civil rights". In terms of management path, the paper focuses on building a regional law enforcement agencies, optimizing the implementation process, building inter-government coordination mechanisms to enhance executive-capacity in environmental protection.