Dissertation > Excellent graduate degree dissertation topics show

Environmental administrative law enforcement force

Author: PanLiNa
Tutor: CaoMingDe
School: China University of Political Science
Course: Legal
Keywords: Environmental administrative enforcement Execution Government environmental responsibility Environmental Public Interest Litigation Environmental Crime
CLC: D925
Type: Master's thesis
Year: 2011
Downloads: 119
Quote: 0
Read: Download Dissertation

Abstract


China's environmental protection legal system has been basically established, now 21 various types of environmental protection laws, 37 laws and regulations, departmental rules and regulations 62, otherwise the local laws and regulations, environmental quality standards hundreds Ministry, relating to criminal law, civil law, administrative law, etc. fields. This seemingly comprehensive environmental legal system but there is a Mishap - administrative difficulty in enforcement, and seriously affect the efficiency of China's environmental protection law enforcement, undermined the credibility of the government and the authority of the Environmental Protection Law Enforcement. The fundamental reason is that the implementation of China's environmental protection administration difficult environmental law enforcement in the executive ability is not strong. Execution is not strong mainly due to two: (1) the lack of environmental responsibility, the performance of local protectionism. The local environmental protection department is seriously affected by the local government, the government determines the attitude of the polluting enterprises processing efforts of the environmental protection department of environmental pollution enterprises. And local governments often intentionally or unintentionally, for enterprises to create a relaxed business environment, tried to avoid severe punishment. Therefore, a serious impact on the environment of administrative law enforcement effects. (2) the lack of environmental laws and regulations exist. First, the environment less administrative enforcement tools, deterrence is weak - generally used only in a fine. Whether it is compared with countries such as Brazil's environmental enforcement tools, or compared with other sectors of the domestic culture, health, industrial and commercial, fire enforcement tools, the means of disposing of the enforcement of China's environmental administrative especially weak. Environmental administrative law enforcement needed for a long time - the basic complaint processing time often need more than two weeks. Third, the hard evidence, the burden of proof is difficult - administrative relative person in disguise does not cooperate with law enforcement, environmental administrative law enforcement agencies can not do anything. Four non-complaint to enforce the difficulty - a long time, difficult implementation. To solve the problem of execution is not strong environmental administrative law enforcement, must proceed from the legislative. First, from the legislation to strengthen the government and its head of environmental responsibility. Enhancements such as the law, to regulate the environmental responsibility of the central government and local governments; improve government performance appraisal system and official promotion mechanism; establishment of environmental public interest litigation based public supervision system. The second is to improve the environmental laws and regulations. In administrative law, the additional the daily meter penalty \Environmental criminal law, to expand the scope of environmental criminal law, the creation of the crime of resisting environmental regulatory and increase the deterrent environmental law.

Related Dissertations

  1. The Research on the Block of Public Policy Execution,D630
  2. On the participation of civil execution distribution system,D925.1
  3. Research about Manifestation and Countermeasure of Negative Performance,D926.2
  4. Research on the Socialized Execution of Imprisonment,D926.7
  5. Research on Grid Resource Scheduling Techniques Based on Computational Economy Model,TP393.01
  6. A Study on the Township Government’s Execution in China,D625
  7. An Inquiry into the Prison Execution Mode of Minors,D926.7
  8. The Design and Execution of Creative Art Activities in Thematic Education in Kindergarten,G613.6
  9. The Research of the Banishment in Tang Dynasty,D929;K242
  10. Theory and Practice of the Execution Reconciliation,D925.1
  11. On the the Community Corrections existing legal issues and countermeasures,D926.8
  12. Thoughts on the Establishment of the Execution of Complaints System,D925.1
  13. A Study on the Dissent to Civil Execution in China,D925.1
  14. Low driving voltage RF MEMS Capacitive Switch Design and Analysis,TM564
  15. "Community Correction" System in the Horizon of the Criminal Policy,D926.8
  16. Researches on Issues and Strategies of Probation Execution in China,D924.1
  17. On the Reform of Death Penalty Execution System in Our Country,D925.2
  18. Civilian implementation of the Third Party objection v. Research,D925.1
  19. The Optimization Suggestion for Supplier Management Strategy of PH Company,F562
  20. Optimization and Implementation for DWMS Column-Store Query Execution Engine,TP311.13
  21. Study on Manufacturing Execution System in Multi-varieties and Small-batch Environment and Its Application,TP311.52

CLC: > Political, legal > Legal > Chinese law > Procedural Law
© 2012 www.DissertationTopic.Net  Mobile