On The Plight Of Environmental Law Enforcement And Outlet In The New Period

In recent years, with China’s rapid economic growth, resources are consumed largely, and the environmental carrying capacity is becoming increasingly weakened, so the contradiction between economic development and environmental protection has become increasingly prominent. Environmental pollution problems have become increasingly highlighted, from the northern sand dust storm to the haze weather throughout the country, from a series of shocking environmental pollution accidents, e.g. the oil spill out of Dalian Petro China, to group incidents of environment, e.g. the country against the PX project as well as the landfill constructions. Environmental problems are becoming the key problem that restricts China’s sustainable development. Whether will China repeat the mistake of governance after pollution in the western developed country? Where is the way of environmental problems? These problems determine the way in the future, the well-being of the people. Environmental law enforcement is an important means for the government to protect environment. In the face of the outstanding environmental issues, laws should be enforced severely to contain the deterioration of the environment quality. However, at present, there exist some difficulties in the nationwide environmental enforcement, which can not play its role effectively. Environmental laws become the pronoun of soft law. Facing the huge pressure, China has done a lot of beneficial explorations in the work of environmental law enforcement, such as the environmental police force of Kunming city in 2008, Yangtze Delta emergency linkage mechanism established by Shanghai,Jiangsu, Zhejiang and Anhui in 2013 for dealing with the regional environmental pollution, Shantou city environmental protection joint law enforcement group, a pilot project for environmental vertical management mode launched by Xian City, but on the whole there is still a gap between these practices and the expectations of the society and the people.By reading and combing the domestic and foreign related environmental law enforcement documents, with the combination of the theory and the practice, through the analysis of the environmental law enforcement practice of Chongming County, this paper is closely combined with the environmental law enforcement practice in our country to explore the factors restricting the environmental law enforcement with the reference of foreign advantages. The contents of the thesis are divided into five main parts. The first part introduces the research background, ideas, and domestic and foreign scholars’ reviews on the research of the environmental law enforcement. This part lays the foundation for the thesis writing. The second part introduces environmental law enforcement content in China, the development of environmental law enforcement, environmental law enforcement characteristics and the theoretical basis for the enforcement of environment law in China the status quo, to lay the foundation for the subsequent research further. In the third sector, this part takes Chongming County as an example to analyze the underlying reasons for the plight of the environmental law enforcement, through the discussion of difficulties and problems in this aspect. The fourth part not only presents the successful environmental governance experience of the western developed countries, such as the USA, Japan, but also sums up the advantages of these practices. Finally, on the basis of absorbing the practical experience and inspiration at home and abroad, according to the reality of our country, the fifth part puts forward the ideas of establishing the sound mechanism of environmental law enforcement with the Environmental Protection Development at the core, improving the perfect laws and regulations about the environment protection, enhancing the ability of team construction of the environment law enforcement, and improving the environmental law enforcement supervision and accountability mechanisms, countermeasures and enhancing people’s awareness of environmental protection.