Research On The Legal Regulation Of Falsification Of Environmental Monitoring Data

Environmental monitoring is the observation and study of environmental ecology,is by using a special method,such as economic,legal,special technology,administrative method,etc.A series of activities,such as scientific and effective monitoring of various data indicators in the environment,are carried out to achieve the expected purpose through analysis and prediction,so as to provide efficient services for environmental management and economic and social development.As the foundation of scientific management of the environment and supervision of law enforcement,environmental monitoring is to effectively deal with environmental pollution accidents and pollution disputes to provide technical basis,so in the environmental protection work remains important.The current our country is facing the dual task of economic development and environmental protection,in the face of endless fraud cases in the environmental monitoring data,our country is making constant efforts to explore,many targeted laws and regulations have been introduced,It is our government’s efforts to regulate the situation of data fraud in the field of environmental monitoring.Admittedly,before the relevant laws and technologies in the field of environmental monitoring are fully improved,practical problems still attract great attention from all walks of life and need to be properly explored in accordance with the national conditions of the solution path.For example,for the problem that the punishment for the fraud of environmental monitoring data is relatively light and the punishment standard is vague,it is necessary to refine the standard through legal norms.To enhance the punishment intensity is an effective means to curb the fraud of environmental monitoring data.The supervision subject of environmental monitoring data is not clear,which leads to the problem that multiple departments supervise at the same time or lack of supervision.It is necessary to define the supervision subject of environmental monitoring and clarify the scope of supervision and assign corresponding authority.The allocation of the subject responsible for falsifying the environmental monitoring data is unreasonable,and the subject responsible for each link of the fraudulent monitoring data should be subdivided in the legal norms.In addition,in the case of uneven quality of China’s environmental monitoring institutions and the mismatch between the status quo of grassroots environmental monitoring stations and the current monitoring work,it is necessary to establish unified standards of access through laws and other institutional norms to ensure that environmental monitoring parties have the corresponding monitoring qualifications and levels.How to further regulate the environmental monitoring activities in law,reduce or even eliminate the phenomenon of falsification of environmental monitoring data,it is worth our further exploration and legislative improvement.Based on environmental monitoring data falsification explore the profile is divided into four parts:The first part,in short,the concept of fraudulent behavior in environmental monitoring was summarized.To clarify the concept,nature and significance of environmental monitoring.At the same time,the author classifies the fraudulent behaviors in environmental monitoring according to certain standards,and makes necessary research and analysis on the causes of the behaviors.In the second part,the author starts with the laws and regulations on environmental monitoring in China,and analyzes the current situation of legislation and practice in China.Finally,the author summarizes the problems of legislation and judicature in environmental monitoring in China.For example,there are such problems as the defects in the punishment of monitoring data falsification,the confusion of supervision subjects,the unclear responsibility subjects,the pros and cons of the professional technical level of environmental monitoring institutions,the status of the work of grassroots environmental monitoring stations and the mismatch of monitoring work.The third part,to study the relevant laws,regulations and systems in the field of environmental monitoring abroad,summarizes and induces the characteristics of the national legislation on environmental monitoring,analyses the advantage of the extraterritorial legislation system,in the light of the specific situation of China to explore a reasonable way out,and put forward effective,scientific and reasonable suggestions or ideas.The fourth part,some suggestions are put forward to improve the legal regulation of environmental monitoring in China.In a word,based on the analysis of our country’s legislative situation and practical experience,combining with the advanced experience outside the country reasonably,put forward targeted suggestions for improvement.It mainly includes the improvement of relevant laws and regulations,the unified qualification management of regional environmental monitoring institutions,the strengthening and undertaking of local governments’ environmental responsibilities,the building and strengthening of local data monitoring and supervision law enforcement capacity,and the socialization of the reform direction of environmental monitoring.In order to improve China’s environmental monitoring related laws and regulations,effective regulation of environmental monitoring data fraud behavior to provide a little power.