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Study on Implementation of Environmental Law in Coal Area

Author: WeiZiJian
Tutor: ZhangJun
School: Shanxi University
Course: Environment and Resources Protection Law
Keywords: Coal area Environmental law enforcement Strategy
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 36
Quote: 0
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Abstract


Coal plays a more and more important role in the growing economic of our country, and has formed a special coal culture "coal area", it means this area’s main industry is based on coal economic, the people living here is related mostly by coal relationship. In coal area, the private dig abuse behavior such as illegal dredge to local air, water, soil and others cause pollution and destruction, the question is extremely serious. Although there isn’t lack of environmental laws and regulations, but it doesn’t archived a very good result, weak enforcement of law appears endlessly, it influence the local economic development and the normal production and life residents seriously. We can judge out in coal area environment law enforcement process in many of the problems, it is worth studying. This paper using empirical research on the method of Shanxi, through a typical coal area social environmental law actuality investigation and research, analyzes coal existing in the district social environmental law implementing some of the limiting factors, and put forward the corresponding countermeasures and Suggestions.PartⅠ:"Coal area environmental law implementation summary". First, this article defined and analyzed the concept and particularity, which the coal as the economy that the main pillar industry of geographical area, the relationship between the geographical area for the main production and living relationship between people of social calls "coal area". Its features in three aspects, namely, the coal industry for when regional economic development pillar industry; This area by people’s production and life of the great impact of coal industry; The definition of coal resources by regional influence of natural attributes, rather than be restricted by administrative divisions. Secondly, introduces the district social environmental problems of coal exploitation and utilization of coal, from two aspects, simple shows will give what harm caused by coal area. Finally, taking Shanxi coal area as an example, analyzed the status of environmental law implementation.PartⅡ:"The obstacles and cause analysis of Shanxi coal area environmental law implementing". This part mainly analyzed four existing obstacle of implementation:first, the problem Shanxi coal area environmental laws and regulations itself. Mainly includes two aspects, namely, the problem of environmental legal system has been existing legislation blank and environmental laws regulating insufficiency. In the second place, from Shanxi coal area social environment of the administrative enforcement of existing restrictive factors were analyzed, and it includes the environmental law enforcement mechanism, methods and law enforcers environmental legal consciousness, professional quality, and other aspects such as economy the limiting factor. Third, public participation in environmental law implementation from the Angle of Shanxi coal area, analyzes the social public participation in the environmental law implementation problems. Fourth, other cause environmental law implementing barrier factor analysis.PartⅢ:"Foreign environmental law implementation experience learning." Through to the United States, Japan and Australia three national environmental legislation and environmental law enforcement characteristics, and other aspects of analysis in China, it is concluded that the three district social environmental law implementation shall coal learning experience, namely needs to improve environmental legislation maneuverability, build vertical administrative system and strengthen the implementation of citizen’s participation.PartⅣ:"Improve environmental law enforcement strategy of coal area." And Shanxi coal area environmental law the existing problems in the implementation of, and puts forward corresponding Suggestions from three aspects:first, the law is blank and through making up for modify existing legal system, improve environmental laws and regulations system. Second, through improving environmental law enforcement, improve law enforcers, professional quality and strengthen. Third, make sure people will take part in the environmental law enforcement by improve environmental law training system, people attending system and enforce the affect of non-government environment protecting organization.

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