Research On Environmental Administrative Enforcement In The Perspective Of New Environmental Protection Law

Environmental administrative enforcement refers to the environmental administrative authorities take compulsory measures to force the administrative relative person who refuse to fulfill their obligations or reach the same status as fulfill their obligations.As an important institution of environmental legal system,the research on the environmental administrative compulsory enforcement has a strong theoretical and practical significance.Backed by national force,environmental administrative enforcement is used to guarantee the enforcement of the environmental administrative law,to punish illegal activities to the environment,to implement the environmental protection law and realize the goal of social management.As the final step of environmental administrative enforcement,environmental administrative enforcement system plays an important role in maintaining the deterrence of environmental administrative enforcement and ensuring the implementation of the environmental administrative decision.Environmental administrative enforcement is indispensable in environmental regulation and it is common seen in the current environmental laws and regulations.The new environmental protection law enacted on January 1,2015 ensures that the environmental administrative authority should obtain necessary environmental administrative compulsory enforcement and they became the "tiger with teeth".After the implement of the new environmental protection law,the research of environmental administrative enforcement has new meanings in the academic circles of environmental protection law and the focus of the research is to build a reasonable rule of procedure to prevent the abuse of power.In this sense,the research on environmental administrative enforcement still has important value in both theory and practice after the implement of the new environmental protection law.As the academic circles have not accurate the definition of the concept of environmental administrative enforcement,the paper starts by the basic concepts of administrative enforcement based on previous scholars' concept of administrative enforcement and environmental administrative enforcement.To summarize the characteristics of environmental administrative enforcement,which can be distinguished from other types of administrative enforcement and discuss the value of environmental administrative enforcement system.Secondly,summarize the current situation of environmental administrative compulsory execution of our country from three parts:the distribution of authority,the applicable types and the procedures and then analyzes the mode of environmental administrative compulsory in our country.Thirdly,propose the advantages of the environmental administrative compulsory now,especially the positive impact of the new environmental protection law and put forward the existing problems:the unknown division of subjects overweighs the burden of the court,low efficiency and lack of supervision and relief measures.The ideas of perfecting our country's environmental administrative enforcement system are raised in the last part.Firstly,complete the division of the environmental enforcement authorities,enrich the measures of environment administrative enforcement and establish the main position of the environmental administrative authorities.Secondly,build the supervision system of environmental administrative enforcement.Lastly,strengthen the communication and coordination between the court and the environmental administrative authority.