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Environmental Law Enforcement Personnel The Administrative Responsibility Of The Internal Mechanisms Of Accountability

Posted on:2008-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:K K WuFull Text:PDF
GTID:2191360218461031Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The system of internal investigation of administrative responsibility for environmental law enforcement officials is an important way to perfect the administration according to law, to enhance the ability of environmental administrative enforcement of law, and to solve many kinds of problems arising in the course of law enforcement. This paper begins with discriminating relative definitions, analyzing the connotation of the system of internal investigation of administrative responsibility for environmental law enforcement officials by way of construing the definition of environmental law enforcement officials and administrative responsibility, etc, then it links with the theory on responsible administration and some legislations as well as the practices, and puts forward the measures of perfecting the system of internal investigation of administrative responsibility for environmental law enforcement officials in China.The whole paper is divided into eight parts:Introduction-----This paper firstly present the importance of environmental law enforcement on the ground of the protection policy set out in China, and then put forward the feasibility of the investigation of the responsibility for law enforcement officials from the angle of low cost and effectiveness of the internal supervision.Chapter 1----This chapter defines and analyzes some core definitions concerning the research of the system of internal investigation of administrative responsibility for environmental law enforcement officials. First, analyzes the nature of the administrative responsibility through the characters of responsibility and explains the content of the responsibilities of the law enforcement officials on the basis of preceding analysis. Second, by way of link it with the Civil Servant Law of P.R. China and other legislations, this paper clarifies the connotation and extension of environmental law enforcement officials, emphasizes on the constitution of system of investigation into the responsibility, including the bodies in charge of investigation, the scope of investigation and the procedure of investigation, etc.Chapter 2----This chapter presents and analyzes the theory on responsible administration from the angle of history and the angle of science of public administration, providing theoretical guidance for bettering the system of internal investigation of administrative responsibility for environmental law enforcement officials. This part want to find that clarifying the idea of responsible administration is the required by the principle of democratic administration and the principle of administration guided by law. Then this paper presents three aspects of the connotation of responsible administration.Chapter 3----By linking with the nature of government of China and the harmful results of the absent of mechanism for investigating the responsibilities, this paper presents the importance and the significance of perfecting the system of internal investigation of administrative responsibility for environmental law enforcement officials. Expanding is one of the natures of power, however, the nature of government in China decides the administrative power, including the administrative law enforcement, is obliged to serve for the people. And then presents the idea that in order to insure the nature of administrative power to serve for the people, we must perfect the mechanism of investigating the responsibilities. the harmful results of the absent of mechanism for investigating the responsibilities mainly show in the following two ways: one is resulting carelessness and nonfeasance in environmental law enforcement; the other is reducing the aim set out by the government in the environment protection in a state of danger to fail as well as the loose of the government's prestige.Chapter 4-----This chapter places a comprehensive analysis on the current system of internal investigation of administrative responsibility for environmental law enforcement officials. From the aspects of central government and local government, this chapter explores the issues on the form of responsibility bearing, the body in charge of investigation, the scope of investigation and the liable body, besides, it makes a comparison between the different provisions.Chapter 5-----This chapter finds out some problems on the basis of preceding analysis of current system of internal investigation of administrative responsibility. Including six aspects, e.g. lacking of the consciousness for public service, weakness in charging liability for violation of procedural rules and over decentralization of charging powers as well as some others.Chapter 6-----This chapter starts with the current problems in the system of internal investigation of administrative responsibility, then puts forward some measures to innovate the current mode of administrative environmental protection in order to better the system of internal investigation of administrative responsibility, to better the system of the administrative responsibility for environmental law enforcement officials and to unify the executive body of investigating the administrative responsibility for environmental law enforcement officials.Epilogue-----This part summaries the preceding statements and analysis, from the angle of administration supervision mechanism, including perfecting the supervision by legislative body and judicial supervision, it presents the importance of external supervision, and the coherent with the internal supervision. Besides,it also illustrates the improvement effect on the environmental law enforcement circumstances by enabling the responsibility to protect the environment of local government carried out according to law. While increasing the strength to investigate the law enforcement officials'responsibility, we should enhance the legal institutionalization of local government's responsibility to protect the environment.
Keywords/Search Tags:Environmental law enforcement officials, Administrative responsibility, System of investigation
PDF Full Text Request
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