Research On The Connection Between Environmental Administrative Law Enforcement And Ecological Environmental Damage Compensation

Protecting the environment and promoting the construction of ecological civilization are important measures to deal with global climate change.Environmental damage has the characteristics of complexity and potential.The insufficient operation of environmental administrative law enforcement power has promoted the transformation of environmental administrative supervision and management to a democratic environmental governance path.The environmental relief model presents a situation in which multiple relief paths coexist.The parallel of diversified relief paths highlights the connection problem.The effective connection between environmental administrative law enforcement and ecological environmental damage compensation is related to the efficiency of law enforcement and case handling,which is a more prominent problem at present.The seamless connection between the two paths is convenient for relevant departments to cooperate and make joint efforts.In addition to the introduction and conclusion,the full text consists of four chapters:The first chapter clarifies the basic theory and connection between environmental administrative law enforcement and ecological environmental damage compensation.The traditional environmental administrative law enforcement takes the one-way mandatory law enforcement path such as administrative order,administrative punishment and administrative enforcement as the core,which is difficult to fully fill in the damage to the environment.The compensation based on negotiation and litigation reflects the characteristics of flexible law enforcement and active justice,and makes up for the shortcomings of the traditional environmental administrative law enforcement.However,there is overlap or conflict between the two in practice,so it is necessary to straighten out the relationship between them and realize effective connection based on the theory of administrative power and judicial power.The second chapter combs the current norms and practice of the connection between environmental administrative law enforcement and government claims,and evaluates the current situation.This paper analyzes the current situation of the connection between environmental administrative law enforcement and government claims in China,so as to provide objective basis for finding problems.The third chapter summarizes the problems in the connection of the two paths.Combined with the current status of norms and practice,it is found that there are problems at both the entity level and the procedure level when the two paths are connected.On the one hand,the entity level regulation is not clear: the unequal level of subjects leads to the lack of linkage between subjects,the multiple identities of subjects lead to power confusion,the overlapping design of responsibility increases the burden of the responsible person,and the unclear regulation of the use of funds leads to the overlapping of the use of funds.On the other hand,all links at the procedural level are not unblocked: unclear connection of case clues at the start-up stage leads to the loss of problem clues,repeated work at the evidence investigation stage leads to a large waste of administrative resources,and fuzzy arrangement of law enforcement and claims sequence affects the efficiency of law enforcement and case handling.The fourth chapter puts forward specific suggestions for the problems existing in the connection of the two paths.Improve the entity regulation: expand the scope of the subject of the claim right to facilitate the linkage between the subjects;Divide the functions of law enforcement subjects and claim subjects,and clarify the division of responsibilities;Clarify the responsibility and prevent the actor from assuming repeated responsibilities;The government has unified supervision and management and standardized the use of funds.Ensure that all links of the procedure are unimpeded: establish a case clue transfer mechanism to promote the normalization and institutionalization of compensation for ecological environment damage;To carry out one case double investigation,the law enforcement agencies shall be responsible for investigation and evidence collection,so as to save the cost of law enforcement and case handling;We will adjust the order of law enforcement and claims,and make law enforcement and case handling more efficient.