Research On Environmental Protection Laws' Monitoring Mechanism Of Our Central Government

Environmental problem is not only a hot issue which concerns ourwhole society but also an important factor restricting economic and socialsustainable development of our country. Although after years ofmanagement, our country's environment conditions have improved a lot,the situation before us remains quite severe. There are many reasons forthe environmental problems, among which the local government'svacancy and anomie is a major contributor. According to this phenomenon,the central government needs to take legal duties and responsibilities forenvironmental monitoring to promote the implementation ofenvironmental protection as a basic state policy.However, the current central government environmental monitoringeffect doesn't achieve well and China's environmental deterioration failedto be contained fundamentally either. The reason is that the currentenvironmental monitoring mechanism doesn't work well in constrainingthe local government strictly. In view of this, reforming of the existingenvironmental monitoring system, and constructing the environmentalprotection monitoring legal system of central government towards thelocal will be our future direction as well as necessary measures toeffectively improve our country's environment condition.Structurally, in addition to the introduction and conclusion, the paperis divided into the following four chapters:Chapter one: the local government's vacancy and anomie inenvironmental protection. Taking "Zijin Mining Pollution Incident" forexample, this chapter points out that the local government's vacancy andanomie in environmental protection is the primary cause for ourenvironmental problems. And the factors leading to the local government's vacancy and anomie in environmental protection mainlyinclude: unreasonable achievement view orientation; financial pressureunder the system of tax distribution; e temptation of the illegal interests;shortage of environmental protection consciousness.Chapter two: the basis and meaning of central governmentimplementing environmental monitoring. This chapter mainly expoundsthe law and realistic basis, according to which central governmentimplements environmental monitoring, and analyzes the great economicand social significance of implementing environmental protection.Chapter3: the causes of the current environmental monitoringmechanism's failure. This chapter analyzes the reasons for the centralgovernment environmental monitoring mechanism's failure from thefollowing five aspects, namely: the unclear separation of environmentalduties between the central and local government; lack of good design inthe environmental protection administration management system; thesimplification of the Environmental monitoring measure; The defect of thelocal government's legal responsibility for environmental protection; thelow public participation rate in environmental protection.Chapter4: institutional design for constructing China's environmentalprotection laws monitoring mechanism. Because of the failure of thecurrent central government environmental monitoring mechanism, thispaper puts forward several suggestions for the construction of China'senvironmental protection laws monitoring mechanism by referring to thesuccessful experience of related foreign environmental protectionmonitoring. Relevant advice mainly includes: differentiating clearly theenvironmental protection duties between the central and local governmentthrough the legislation; Establishing and perfecting the centralenvironmental administrative law; Enhancing the relative independence ofthe local environmental protection agency; Achieving the legalization ofthe environmental monitoring method; Highlighting the legalenvironmental protection responsibility of the local government; Improvepublic participation rate and level in the field of environmental protection.This paper's possible innovations lie in the two aspects: one is toformulate a central environmental administrative law, which aims to perfect our country's environment administration management system,and to eliminate the "internal friction" among the central governmentdepartments about environmental protection duty; two is to particularlypoint out that for the local government's violation of environmental laws,besides the relevant personnel in the local government, the localgovernment as a whole also shall bear the corresponding legalresponsibility. Meanwhile, this paper tries multi-disciplinary method toanalyze problems, such as politics, administrative management theory, andso on.