On The Application Of Police Power From The Perspective Of Environmental Rule Of Law

Since my country promulgated the first environmental protection basic law "Environmental Protection Law(Trial)" in 1979,my country's environmental legal construction has achieved positive results after more than 40 years of development.Throughout the process of environmental legal construction,we can see that the role of police power in the environmental legal system has become increasingly prominent.Prior to the implementation of the New Environmental Protection Law in 2015,police powers were mainly used to maintain the order of environmental law enforcement and to supervise and permit part of the prevention and control of noise pollution and hazardous chemicals.However,the order attributes of these powers are significantly greater than the environmental attributes and are not It belongs to the environmental category in a complete sense.The "New Environmental Protection Law" pioneered the specific circumstances for the application of administrative detention environmental violations in the form of enumeration,compacted the legal responsibilities of illegal pollutants,and solved the long-standing environmental field "low cost of violations and cost of compliance.The issue of “high” provides a system basis for the further use of police power in the environmental rule of law.This article analyzes the environmental administrative detention system from the following five parts,so that police power can play a better role in the environmental rule of law.The first part introduces the concept,nature,characteristics of environmental administrative detention and the functional positioning of environmental administrative detention.Through other scholars' research on the environmental administrative detention system,combined with the current situation of environmental law enforcement,clarify the connotation and function of environmental administrative detention.The second part explains the theoretical basis of environmental administrative detention.Through analysis and research on the current ecological civilization construction theory,the most stringent environmental protection system theory,and the police power theory,it demonstrates the inevitability of environmental administrative detention legislation.The third part analyzes and compares the legislation and implementation status of environmental administrative detention at home and abroad,and provides some system reference for the future development of environmental administrative detention in our country.The fourth part analyzes the limitations of my country's environmental administrative detention system in terms of legislation and many problems in practice,and analyzes the reasons.The fifth part uses the advantages of foreign environmental administrative detention systems to combine with the existing problems in my country's domestic environmental administrative detention,and proposes solutions that suit my country's national conditions.