The Research Of The Problems And Countermeasures Of Environmental Administrative Law Enforcement In China

As a Chinese proverb goes,“We don’t worry about non-law,but worry about the law can not obtains the effective implementation in our country.” Environmental administrative law enforcement is an important means to implement environmental laws and regulations in China,It refers to some specific administrative acts be taken by the administrative subject who has the right of environmental management.Environmental administrative law enforcement has the characteristics of natural science,diversity and region,and should abide by the principle of prevention,sustainable development,information disclosure and public participation.Although our country has confirmed the scope of official duty,principle and institution of the environmental administrative law enforcement,and has tried the environmental public interest litigation out,there are still some problems in our environmental administrative law enforcement.First,the distribution mode of law enforcement power is unreasonable.Second,there are some illegal and omission phenomenon in the process of environmental administrative law enforcement.Third,the supervision mechanism is not perfect.The reason why these problems exist is that the legal about environmental administrative law enforcement are chaotic and lag,and our country does not have advanced environmental protection idea yet.Throughout the practice of environmental administrative law enforcement in some foreign countries.They are not only provide the basis for law enforcement through comprehensive and specific laws and regulations.,but also adopted a series of supporting measures to ensure the quality of environmental administrative law enforcement.These include the model of parallel right distribution and market law enforcement means in America,comprehensive decision making system in Japan,and environmental administrative public interest litigation system in Germany.In order to improve China’s environmental administration,we should learn from foreign advanced experience and combined with our country’s national conditions.First,the relevant laws and regulations should be updated and integrated,so the environmental public interest litigation will have a clear and systematic legal basis.Second,we should change the allocation of environmental administrative enforcement power,and increase the independence and authority of the environmental protection department.Third,the mode of environmental administrative law enforcement should be improved by establishing a network of law enforcement and regional joint law enforcement.Last,we should strengthen the supervision to the environmental administrative law enforcement by improving public participation,accountability and administrative public interest litigation system.