Multi-sectoral environmental law enforcement and comprehensive improvement of environmental protection

The key to the implementation of environmental law is the coordination and cooperation between the various departments of environmental law enforcement, and comprehensive rectification can fundamentally protect the environment.

Environmental law enforcement; multi-sectoral; coordination and cooperation; comprehensive rectification 6丨丨A丨 article number 丨1008—4657 (200(1)05-0026―04 China's modern environmental protection work started in 1972 after the “United Nations Conference on the Human Environment” In the year of China (the Environmental Protection Law came out in 1979; in the early 1980s, China established environmental protection as a basic national policy and formulated a series of laws, regulations and policies; in the 1990s, environmental protection work received further attention and strengthened. The ten major countermeasures for environmental development and China's 21st century agenda have been formulated, and sustainable development has been identified as a basic development strategy.

After more than 20 years of unremitting efforts, the progress of environmental protection work is remarkable. Specifically embodied in: (1) environmental legislation.

Six environmental laws including the Environmental Protection Law and nine resource laws closely related to the environment were promulgated, and a series of supporting regulations and local regulations were enacted. In 1997, the new criminal law established the crime of “damaging the environment and protecting resources”. The framework of the environmental law system has been initially formed, and environmental protection work basically has laws to follow; (2) environmental law enforcement is constantly increasing. During this period, the national environmental law enforcement inspection was carried out, and a large number of environmental violation cases were investigated and dealt with; (3) pollution prevention and control. A large number of large-scale and seriously polluting processes and equipment were eliminated, and a number of pollution control projects were completed to close small enterprises with serious pollution and no governance value. “Three Rivers”, “Three Lakes” and “Two Districts” have comprehensively launched pollution prevention; (4) Urban environmental protection. Strengthened infrastructure construction and comprehensive environmental improvement; (5) Ecological environment construction and protection; 6) International environmental cooperation and Communication has been strengthened; (7) environmental protection investment, science and technology, publicity and education have been extensive and deepened.

Through this series of environmental protection work, China has generally avoided the situation of rapid deterioration of the environment under the conditions of rapid economic growth. The environmental quality of some cities and regions has improved, and environmental protection has promoted reform and opening up and economic and social sustainability. healthy growth. Despite significant progress in environmental protection, due to population growth and economic development, resources and the environment are under great pressure, and the environmental situation is still quite severe. The situation of environmental pollution and ecological damage in a considerable number of areas has not changed, and some are even increasing.

There are many reasons for the above situation, but there are laws that are not defensive, laws are not compliant, law enforcement is not strict, and each is in power. The whole people are Huang Mingsheng (954-), male, Hanyang, Hubei, assistant researcher at the Adult Education Division of Jingmen Vocational and Technical College. .

The situation is not strong, and it is the main reason why the protection is destroyed.

Therefore, further efforts to strengthen environmental law enforcement, all aspects of the formation of joint efforts, comprehensive comprehensive rectification, in order to make environmental protection work in place, in order to make environmental protection and economic construction coordinated development.

Second, the implementation of environmental law enforcement and environmental law The so-called law enforcement is the state agency and its staff, in accordance with the statutory authority and procedures, in order to complete their specific tasks and use the law. Environmental law enforcement refers to the process in which the relevant state organs change the abstract rights and obligations in the environmental law norms into the actual environmental law subjects and specific rights and obligations in accordance with legal authority and procedures, and is an integral part of the law enforcement activities of the whole country. Environmental law enforcement is different from the implementation of environmental law. The implementation of environmental law refers to the specific application, implementation and implementation of environmental law in real social life, that is, the process of establishing the specific environmental legal relationship between environmental law subjects by abstract environmental law. It is greater than the connotation and extension of environmental law enforcement. Environmental law enforcement is only the exclusive power of the state organs. The main body of environmental law implementation includes the relevant state administrative organs and judicial organs, as well as the national legislatures and military organs, as well as citizens, groups and organizations. It can be said that the whole society . The national legislature mainly implements environmental law by supervising the implementation of environmental laws by administrative organs, the judiciary, and the military; citizens, groups, and organizations mainly implement environmental laws by exercising supervision, participation, and litigation rights.

Third, the characteristics of environmental law enforcement A multi-sectoral reform and opening up over the past 20 years, China has changed the situation that the whole society can not rely on, but the law is not compliant, law enforcement is not strict, it is difficult to enforce the law has become a one in front of the establishment of the legal society Big obstacles. In the case that the environmental awareness of the whole people is generally not high, environmental law enforcement is even more difficult than other aspects of law enforcement. The difficulty of environmental law enforcement has a great relationship with its multi-sectoral characteristics. Mastering the multi-sectoral nature of environmental law enforcement is conducive to solving specific problems in environmental law enforcement and improving law enforcement.

When it comes to environmental law enforcement, people generally think that this is only the government's environmental protection department. Yes, environmental law enforcement is indeed the responsibility of the environmental protection administrative department of all levels of government, but it is not just a matter of the environmental protection department, but is carried out by multiple departments separately or jointly. In addition to the judiciary and various levels of government, there are more than 10 relevant departments. Article 7 of the General Regulations of the Environmental Protection Law lists the State Oceanic Administration, the Port Authority, the Fishery and Fishing Port Supervision, the Army Environmental Protection Department, and the public security at all levels. Traffic, railway, civil aviation administration departments, land, minerals, forestry, agriculture, and water conservancy administrative departments of the people's governments at or above the county level.

However, in the actual environmental law enforcement, some departments other than this are involved. It can be said that environmental law enforcement involves all aspects of nature and society, and it is not just a matter for the environmental protection department.

Why is environmental law enforcement more prominent and obvious than other law enforcement? This is determined by the comprehensiveness of the content of environmental law and the scope of protection. The protection of environmental law includes various natural and artificially modified natural factors that human beings depend on for survival and development, such as the atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wildlife, natural remains, human remains, Nature reserves, scenic spots, cities and villages. It is obviously impossible for a large number of environmental factors to be protected and managed by a single department. Therefore, it is necessary to authorize the relevant departments to take up the responsibility of protection and management, and correspondingly give them the power to enforce the environment. At the same time, the environmental elements are legally protected as a whole. Then, the environmental management and law enforcement of the relevant departments need to be unified and coordinated, and the environmental protection should be uniformly supervised and managed. Therefore, the state must also set up a department to carry out unified law enforcement, thus forming an environmental law enforcement system that combines law enforcement with grading and sub-sector law enforcement.

Fourth, the coordination and cooperation between the various departments of environmental law enforcement is the key to the implementation of environmental law. As we mentioned before, when it comes to environmental law enforcement, people generally think that this is only the government and the environmental protection department, which is not strong in environmental protection among the whole people. The situation is understandable, but this is definitely an incorrect understanding. In the environmental law enforcement department itself, similar misunderstandings exist: although environmental law enforcement is recognized as the responsibility given by the law to the department, it is always considered that environmental law enforcement is a full-time job of the environmental protection department. The environmental protection department is the "eldest son" and is a "dwarf". "Whether it doesn't matter, this is one of them; environmental law enforcement is not good, but it is not profitable, but it costs money. This is the second; third, before environmental law enforcement, the first consideration is the departmental interests, and the favorable ones Unwillingness or lack of interest, especially for those who are in a cross, marginal, and intricate situation, either pushing or not, or the phenomenon of individual politics is more prominent, so environmental law enforcement often cannot be implemented. This is actually caused by human factors. The multi-sectoral nature of environmental law enforcement is an elbow phenomenon in law enforcement, and it is not necessary for multi-sectoral environmental law enforcement.

Because environmental law enforcement has multi-sectoral characteristics, environmental law enforcement should emphasize coordination and cooperation between various departments. Regardless of whether it is an administrative organ or a judicial organ, whether it is the administrative department of environmental protection or the relevant department of environmental protection administration, it must strictly abide by the provisions of the law, earnestly perform its environmental protection duties, and strictly enforce environmental laws. Some departments are not allowed to ignore or abandon their environmental law enforcement duties, so that the coordination and coordination of environmental law enforcement in various departments is affected. If you deliberately use power for personal gain or for other reasons, it should definitely be punished.

The following situation is very important to explain the importance of coordination and cooperation in environmental law enforcement in various departments.

Article 6 of the Environmental Protection Management Measures for Construction Projects in China clearly stipulates that all levels of planning, land management, infrastructure construction, technological transformation, materials, and industrial and commercial administrative departments shall incorporate the environmental protection management of construction projects into the work plan in accordance with these regulations. For construction projects that have not approved the environmental impact report or the environmental impact report form, the planning department will not handle the design task book and the approval procedures, and the bank will not lend; the construction project that has not been reviewed by the environmental protection department will not be constructed. License, the material department does not supply materials and equipment; the industrial and commercial administrative department does not apply for a business license for construction projects that have not obtained the environmental protection facility acceptance certificate. However, some departments often do not strictly enforce the law in accordance with the above provisions, but Before the environmental impact report or environmental impact report form is approved, the construction project will be subject to the procedures for land acquisition, loan, construction license, materials and equipment supply, and some even issue a business license for the construction project that has not obtained the environmental protection facility acceptance certificate. The regulations on environmental protection management of construction projects can not play a role. It is also known as: simplifying procedures and improving efficiency. This kind of situation in which the environmental law enforcement of various departments does not match must be tried and corrected. Otherwise, many provisions of environmental law will not be implemented.

5. Environmental protection must implement comprehensive rectification The coordination and cooperation of various environmental law enforcement departments is the key to the implementation of environmental law. However, under the current situation that people are affected by the market economy and are irritable and quick-minded, it is not enough to receive it. Good results. Only by giving full play to the leading role of environmental law enforcement agencies, under the leadership and coordination of the party and the government, other departments and the public participation, comprehensive and three-dimensional implementation of comprehensive environmental protection, can fundamentally stop non-compliance with environmental laws, and even destroy The various behaviors of the environment, in turn, improve the quality of the environment and optimize the environment.

Comprehensive rectification must first have a scientific comprehensive decision-making to implement comprehensive environmental protection, and must first consider comprehensive decision-making. This is because in the face of the world, it is becoming clearer and clear that many serious environmental problems are largely due to the lack of environmental factors in the formulation of development policies, development plans and major actions. Take it into account, that is, there is no comprehensive decision on the environment and development. In the decision-making process, only development is considered, neglected or can be said to have forgotten environmental protection. In the more popular terms, it only pays attention to economic benefits, not social benefits. This is not uncommon in current construction and development. It is precisely this decision that violates the law that makes us taste the bitter fruit of the environment's heavy punishment for human beings. If we take environmental factors into consideration when making decisions, and consider the promotion of construction and development of environmental protection, it will increase both economic and social benefits. In this respect, Zhangjiagang and other six national environmental protection model cities have all taken the comprehensive decision-making of environmental protection and social development and implemented it in the comprehensive improvement of environmental protection during the whole period of social development.

Take Shenzhen as an example: On the development policy, the city emphasizes the comprehensive coordination of society, economy, resources and environment, and formulates major social and economic development policies. When planning the development and utilization of resources and the construction of major projects, we will consider the protection of the environment, the maintenance of urban ecology and the promotion of development, and make overall arrangements; on the development goals, we will strive to promote the fundamental transformation of the economic growth mode, while focusing on the growth of the total economic volume. On the other hand, efforts should be made to focus on improving and improving the quality of life and environmental conditions. In reform and opening up, we must handle the relationship between reform, opening up, and environmental protection, combining reform and opening up with economic development, and combining reform and opening up with environmental protection. Regarding good environmental quality as an important foundation and basic guarantee for reform and opening up, it will never weaken this foundation for local economic benefits. Prepare environmental protection plans from the overall layout, adhere to both hardware and software construction, and create “Shenzhen Speed”, “Shenzhen Benefit” and even “Shenzhen Environment”, which are all based on the city's correct decision-making on environmental protection and social development.

In the process from decision-making to implementation, that is, in the process of comprehensive remediation, the form is not single. It can be led by the government, and the environmental law enforcement department takes the lead (previously mentioned) with other departments; it can be based on administrative divisions, such as provinces, cities, counties, townships (towns) or a certain city; The basin is a unit. For example, the Huaihe River and the Yangtze River. Especially in 1998, the Great Flood in the Yangtze River Basin is the result of the deterioration of the geological-ecological environment in the whole basin. It is unimaginable to manage it only by administrative divisions; the governance of lakes (such as the “Three Lakes” governance) is the same. reason. On January 1, 1999, the key action of pollution control in Taihu Lake was a major action in the comprehensive improvement of water environment protection. The two provinces and one city worked together to control the pollution of Taihu Lake and achieved remarkable results. There are also such as 'hardware' and "software" and so on.

The Jingmen City where the author is located has been removed from the county since 1984. The successive governments have attached great importance to the coordination and development of economic construction and environmental protection, and all attach great importance to the comprehensive improvement of environmental protection. When formulating development plans and plans, we will fully consider various environmental factors to make economic construction and environmental protection develop simultaneously. Jingmen economic development indicators rank among the top in the province. Jinlongquan Beer Group, the top five in the national beer industry, is an advanced environmental protection enterprise in the country. Xiangshan Avenue in the urban area is the province's green demonstration street. The environmental protection of the Fenhe Reservoir Scenic Area is also praised. The surrounding areas of the Weihe Reservoir are Jingmen, Yichang and Xiangfan, but most of the waters are Jingmen. Jingmen City Government takes the initiative of the owner to protect the reservoir area and actively and comprehensively carry out environmental protection comprehensive rectification. If it is not allowed to build a factory near the reservoir area that may pollute the reservoir water or air, the small coal mine that pollutes the reservoir water will be closed. Promoting tourism to prevent damage or damage to resources, etc., makes the Fenghe Reservoir Scenic Area still a pure land. However, with the further development of the economy, the environmental quality of Jingmen is not allowed to be blindly optimistic. It is necessary to maintain great vigilance and further increase the intensity of comprehensive environmental protection.

From the current situation, environmental protection and development are still major issues facing us. In the entire process of modernization, environmental protection cannot be ignored. Only by strengthening the cooperation of various departments of environmental law enforcement and carrying out comprehensive improvement of environmental protection can we achieve environmental protection and economic development, economic development to promote environmental protection, and implement China's sustainable development strategy.

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