Environmental Non-litigation Administrative Enforcement

The system of environmental non-litigation administrative enforcement is one ofsystem of non-litigation administrative enforcement. Environmental non-litigationadministrative enforcement mainly refers to administrative department of theenvironment made according to the law of the specific administrative act. It hasdetermined citizens, legal persons or other organizations and other administrativeobligations within the period prescribed, neither administrative proceedings, norinstituted administrative reconsideration or fulfill legal obligations. Administrativedepartment of the environment to protect natural resources mostly maintainecological balance or protect the environment interests of the residents, rights holdersand their heirs. The right to bear people determined by the effective specificadministrative act apply to local People’s Court to take coercive measures, forcing theadministrative relative person to fulfill their obligations or to be entrusted by the Stateauthorities themselves or on behalf of third parties to fulfill their obligationsaccording to the law. Environmental non-litigation administrative enforcement isnon-litigation administrative enforcement. Executive is a simple reflection in theenvironmental field. In addition to outside mandatory, subsidiarity, restrictive andother feature, because the unique characteristics of the environmental field,environmental non-litigation administrative enforcement has the complexity of thesubject, hazard prevention, special purpose and other characteristics.Currently, our country mainly endow direct environmental administrationenforceable right to People’s Court, but administrative department of the environmentonly have some permissions，for example，executive penalty or behalf to fulfill. Onone hand，due to environmental pollution has a hidden and latent, and the urgency tohalt environmental pollution, enforcement need technical support by environmental protection department. On the other hand, because people’s court overburdened,execute inefficiency or end up with nothing definite cause environmentaladministrative department’s administrative decisions become a dead letter, authorityis compromised. In fact, there are some problems. For example, it lacks the means toenforce, enforcement proceedings is imperfect, enforcement is to be blocked, jointenforcement mechanism is not perfect, remote execute permission is not clear. Tosolve the environmental non-litigation administrative enforcement practice problems,environmental protection department must make a choice in enforceable right, at thesame time, improve the enforcement regime by give full play to the role ofenvironmental courts, improve enforcement mechanisms in different places, establishcriminal sanctions regime, improve the legal protection system.