Research On Environmental Law Enforcement And Solution Under The Path Of Law And Economics

Strict enforcement of environmental law enforcement will often result in high cost of law enforcement, but the benefit is not necessarily consistent with the cost, therefore, the enforcement of law enforcement can not be the most effective treatment of environmental issues. And reconciliation is often a more effective, both to ensure the implementation of the law enforcement effect, but also to ensure that the cost will not be too high.Less resources of enforcement, crisis of environmental problem and the causal relationship between the pollution and the damage that is hard to prove are the root of the plight of environmental enforcement. Regulation theory that has some disadvantages could not solve all the environmental problems. The environmental law enforcement that including coercive environmental administrative methods and environmental administrative compromise methods could solve the rest of the problems. The paper prove that the coercive environmental administrative methods will harm the interests of both sides and the environmental administrative compromise methods is a way that could maximize the wealth of society through the contrast the cost of coercive environmental administrative methods and environmental administrative compromise methods. There are two obstacles, the blank legislative and information asymmetry, before the methods of maximizing the wealth of society. The legislature will write environmental administrative compromise methods into law eventually, because that the methods is able to promote the maximization of social wealth and society pursuit of it. The problem of information asymmetry between the firm and the enforcement agency could not be solved by current law. In order to make the methods better, the legislation should ensure negotiation between the enforcement agency and firm is possible.