环境行政执法机制比较研究

发布时间：2018-11-27 10:41

【摘要】： 在经济高速发展的今天,资源需求不断上升,环境问题越来越严重,一方面是高能耗、高排放的产业给环境带来沉重的压力,另一方面是我国的环境行政执法机制存在不足,无法应对现代社会的环境问题。然而社会只要发展就必然需要消耗资源,影响甚至破坏环境。作为有能动性的人,我们并非无计可施,从法律的角度来看,我们可以利用法治的手段来调整社会关系,从而平衡经济发展和环境保护之间的尺度,走可持续发展的道路。本文以环境行政执法机制的系统化理论为出发点,通过分析得出:机制由体制和制度两个部分组成,在理想状态下,只要环境行政执法系统中制度和体制共同作用,让资源、人力、资金达到一个最佳组合,我们的环境问题就可以得到相对较好的解决,也就是说这和机器工作原理一样,只要提供给机器原材料,按照机制来运作就会生产出产品来,由此来看,完善和发展环境行政执法机制就显得十分重要。本文将中国、日本和美国的环境行政执法机制进行比较分析并利用比较的结论完善和发展我国的环境行政执法机制。文章共分四个部分来具体论述:第一部分从执法的概念出发层层剖析,对环境行政执法机制进行界定,得出环境行政执法机制由环境执法体制和环境执法制度组成,以此为下文比较分析的基本点。第二部分选择中、美、日环境行政管理体制进行比较分析,并得出对我国的启示,为下文的改革我国环境行政执法机制做铺垫。第三部分以环境影响评价制度为例,比较分析中、日、美环境行政管理制度,并得出对我国的启示。第四部分利用比较得出的启示和经验,从体制和制度两个角度来改革我国环境行政执法机制,并提出建立环境咨询机构和扩大环境行政执法主体的观点,提出将环境行政执法权通过授权和委托的给NGO组织,该观点突破行政法基本理论,在理论上进行探讨,认为应该让被委托和授权的组织承担相应的法律责任,以保证其执法的公正、合理。希望本文提出的观点能对我国环境行政执法机制的完善和发展有一点实际意义。
[Abstract]:Today, with the rapid development of economy, the demand for resources is rising and the environmental problems are becoming more and more serious. On the one hand, the industry with high energy consumption and high emissions brings heavy pressure to the environment; on the other hand, the environmental administrative law enforcement mechanism of our country is inadequate. Unable to cope with the environmental problems of modern society. However, as long as the development of society must consume resources, affect and even destroy the environment. As active people, we are not helpless. From the perspective of law, we can adjust social relations by means of the rule of law, so as to balance the scale between economic development and environmental protection, and take the road of sustainable development. Based on the systematic theory of environmental administrative law enforcement mechanism, this paper concludes that the mechanism is composed of two parts: system and system. In an ideal state, as long as the system and system work together in the environmental administrative law enforcement system, resources can be obtained. When manpower and capital reach an optimal combination, our environmental problems can be solved relatively well. That is to say, this is the same as the working principle of a machine. As long as it is provided to the raw materials of the machine, it will produce products according to the mechanism. From this point of view, it is very important to perfect and develop the environmental administrative law enforcement mechanism. This paper makes a comparative analysis of the environmental administrative law enforcement mechanisms of China, Japan and the United States and makes use of the comparative conclusions to perfect and develop the environmental administrative law enforcement mechanisms in China. The article is divided into four parts: the first part analyzes the concept of law enforcement layer by layer, defines the mechanism of environmental administrative law enforcement, and concludes that the mechanism of environmental administrative law enforcement consists of environmental law enforcement system and environmental law enforcement system. This is the basic point of comparative analysis below. The second part of the selection, the United States, Japan and environmental administration system comparative analysis, and draw inspiration to our country, for the following reform of environmental administrative law enforcement mechanism. The third part takes the environmental impact assessment system as an example to compare and analyze the environmental administrative system of China, Japan and the United States, and draw the enlightenment to our country. The fourth part makes use of the enlightenment and experience obtained from the comparison to reform the mechanism of environmental administrative law enforcement in our country from the two angles of system and system, and puts forward the viewpoint of setting up the environmental advisory body and expanding the subject of environmental administrative law enforcement. It is proposed that the power of environmental administrative law enforcement should be given to the NGO organization through authorization and entrustment. This view breaks through the basic theory of administrative law and discusses theoretically that the entrusted and authorized organization should bear the corresponding legal responsibility. In order to ensure its administration of justice, reasonable. It is hoped that the views put forward in this paper will be of practical significance to the improvement and development of environmental administrative law enforcement mechanism in China.
【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6

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