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On the Reform and Improvement of the Administrative System of Environment Protection the Context of Optimizing Economic Growth by Protect Environment

Author: ZhangPeng
Tutor: WangZuo
School: Shanghai Jiaotong University
Course: Environment and Resources Protection Law
Keywords: environment protection administrative system government failure supervisory mechanism reform
CLC: D922.68
Type: Master's thesis
Year: 2009
Downloads: 265
Quote: 2
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Abstract


In the past years, the conflict between environment and development is becoming ever more prominent. In order to coordinate the relationship of environment and development, advance the development quality, the Chinese government made a new policy followed the guidance of the Scientific Outlook, which was condensed as“Optimizing Economic Growth by Protect Environment”. This policy emphasized that the government officers should know that ecological environment and economy are equally important, environmental protection and economic development must be promoted at the same time, the government should prevent and resolve environmental problems by comprehensive measures,including legal measure, economic measure and administrate measure if it is necessarily , etc. At the same time, Chinese government started another administrative system reform. In this process, the State Environment Protection Agency was promoted again. In the current situation, reform and improvement of the environmental protection administrative system should be guided with a new thought.In market economy, the "government failure" and the "market failure" are two important causations of the environment problem. The reform should be aim at overcome the "government failure" and the "market failure". The "government failure" should be prior considered. Because of preventing and resolving the "market failure" is one of the functions of the government. But now, the government is not only failed to resolve the "market failure", and even worsen the "market failure". In the process of reform and improve environmental protection administrative system, it is needed to establish effective mechanisms to overcome the "government failure".As we know, there are many problems in the environmental protection administrative system, especially lack of supervisory mechanism, which also indulge the government failure indirectly. The legislator neglect to set supervisory mechanisms for the government in the planned economy period, and the negative influence has spread into the whole environmental protection administrative system now. If the government has not been restricted in time and effectively, the environmental protection administrative system would still in the state of invalidation and chaos.However, there are many opportunities for us to reform and improve the environmental protection administrative system, and resolve the problem. The firstly, the government is engage in develop environment law system; secondly, the government is in transforming; and the lastly, the environment administrative organizations are developing quickly.Base on the experience from abroad and requirements environmental protection, author makes some suggestions on improve the regional supervisory center system for restricting the local government, explore ways to establish greater departments with integrated functions, and improve the mechanism of coordination and collaboration between government departments, and encourage the public participate in the legislative supervisory mechanism and judicial supervisory mechanism.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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