China's Environmental Law Enforcement Main Body Face Difficulties And Countermeasures Research

Along with scientific and technological progress in the20th century,our country has created unprecedented material progress. However, thetraditional model of economic development of the ecologicalenvironment for the survival of human society has caused a great deal ofpollution and destruction. China is now in a phase of rapid economicdevelopment, environmental pollution and ecological destruction causedgreat negative impact on the sustainable development of China’s economy,society. Play a very effective role in environmental enforcement as astrong legal means of environmental protection, the improvement of theenvironmental problems in China has a very important significance.However, in the practice of environmental law enforcement,environmental law enforcement body is often faced with a variety ofdifficulties, a great deal of resistance to the implementation andenforcement of environmental laws and regulations in China. Therefore, acomprehensive understanding of the difficulties faced by China’senvironmental enforcement body and countermeasures necessary urgent.Predicament and Countermeasure of the main faces of China’s environmental law enforcement, has a very important theoretical andpractical significance. In theory, the solution to the plight faced byChina’s environmental enforcement body to be able to improve ourcurrent legislative philosophy and make up for some of our legislationblank. From practice, is conducive to China’s environmental lawenforcement body facing difficulties effective solution to be moreeffective and make a greater contribution to the improvement of theenvironmental problems in China, making China’s environmental lawenforcement work.In this paper, this topic discusses the following five parts：The first part is mainly described some basic theoretical knowledgeof China’s environmental law enforcement. This section focuses on threeaspects: environmental enforcement system, the main body ofenvironmental law enforcement, environmental law enforcementparticularity. First, in this part of our environmental enforcement systemare introduced, that our policy is a combination of unified managementand classification system of multi-sectoral, multi-level environmentalenforcement the first exercise unified supervision and environmental protection departments of environmental protection and management, andrelated environmental protection department in charge of theimplementation of special supervision and management. Secondly, theintroduction of China’s environmental law enforcement body, mainlythree types of environmental enforcement body in the country: Thepeople’s governments at all levels, environmental administrativedepartment in charge of environmental protection laws and regulations toprevent pollution and environmental protection departments authorized tocarry out. Finally, the particularity of environmental enforcementdescribed includes five aspects: the extensive environmental enforcementto protect the object with the public welfare, the main body of thediversity in the legal relationship of environmental enforcement,environmental law enforcement professional and technical, environmentalenforcement, environmental law enforcement in advance.The second part is mainly about the status quo of China’s mainenvironmental enforcement and facing a major dilemma. This part isdivided into two main parts to elaborate. First introduced the status quo ofChina’s environmental law enforcement, some negative factors exist to carry out comprehensive and systematic introduction and environmentallaw enforcement elaborate system of legal protection of our environment.The second part is divided into five main levels: law enforcement bodyfragmentation, fragmentation of powers, the lines of responsibility areunknown; limited the authority of the law on environmental lawenforcement body; drawbacks of existing environmental law enforcementsystem; environmental quality of law enforcement officers be improved;lack of environmental enforcement supervision. The five sections includethe major dilemma facing China’s environmental enforcement body, tolay the foundation for the next step of the writing of the thesis.The third part, main foreign national environmental law enforcementbody practices, as well as the main inspiration on China. A detaileddescription of the United States, Japan, Sweden, the Philippines and othertypical countries and areas of environmental law enforcement the mainbody of the specific systems and related practices, and to do theevaluation, in order to be able for our country’s environmental lawenforcement main facing the solution to the plight and effectiveenvironment law enforcement provide a reference. The fourth part, the main environmental law enforcement body insome provinces and cities in China in environmental law enforcement insome of the advanced practice and experience. System descriptions anddetailed elaboration of specific environmental enforcement work inShanghai, Zhejiang and Shantou, environmental enforcement work onother areas of the country with a view to be able to help.The fifth part, parsing and to propose a solution to the difficultiesfaced by China’s environmental enforcement body. Divided into sixcountermeasures: to establish enhanced cooperation between the mainbody of environmental law enforcement, so that law enforcement in place;clear responsibilities, establishing and perfecting liability system ofenvironmental enforcement body; fully authorized to protect theindependence of its enforcement of environmental law enforcement body;environmental protection administrative department at the center ofenvironmental enforcement body, improve the environment, lawenforcement mechanisms; strengthen environmental law enforcementsupervision, improve the environmental law enforcement supervisionsystem; enhance public participation in environmental enforcement to protect the interests of its environment.