中国环境执法监督制度研究
发布时间：2019-05-18 01:09
【摘要】：孟德斯鸠在其著名的《论法的精神》一书中十分明确地表明:“一切有权力的人都容易滥用权力,这是万古不易的一条经验。有权力的人们使用权力一直到遇有界限的地方才休止。”现在这个界限是由法律来规范的。随着人类社会的发展与进步,对于凌驾在社会之上的国家权力,尤其是越来越庞大的行政权力,实施有效的监督,显得日益重要。环境执法权作为行政权力的一种,作为强有力的法制手段,对于解决环境问题,打击环境违法行为,特别是促进依法管理环境等具有重要意义。并且,在很大程度上,环境保护目标的实现取决于环境执法机关行使环境执法权力的状况。倘若环境执法缺乏有效的监督和制约,将会严重影响我国环境管理的效果。因此,为了确保环境执法“像钢铁一样硬”,有效防范和监督环境执法乱作为或不作为的发生及存在,就需要构建合理、畅通的行政内部监督制度。否则,将会阻碍我国完备的环境执法监督法律体系的构建。 另外,从理论研究角度看,目前对于环境执法监督制度的研究多是属于政治学、公共管理、行政管理、环境科学等领域,法学领域的成熟研究偏少,特别是对环境执法监督中行政监督方面的研究还明显不够。这不仅导致了环境执法监督立法的落后与缺位,也是实践中环境执法监督不力和低效的重要原因。 为了解决当前环境执法监督制度中存在的问题,弥补行政内部监督制度的不足,必须按照“大部制”改革的具体要求,重设我国的环境执法监督机构。本文共分为五章,第一章阐述了选题背景和意义,对国内环境执法监督制度研究作了文献综述,确定了本文的研究目标、方法和框架。第二章对执法、环境执法和环境执法监督等几个重要概念进行了界定及辨析。第三章描述了中国环境执法监督制度的基本情况。第四章着重阐述了我国环境执法监督机构的形成、发展及其运行现状。第五章在结合当前“大部制”改革具体要求的基础上,阐述了建立健全我国环境执法监督制度的主要措施,以及处理当前中央与地方环境执法监督机构相互关系的设想。
[Abstract]:Montesquieu, in his famous book on the Spirit of Law, makes it very clear that "all those who have power are prone to abuse of power, which is an experience that has not been easy in ancient times." The use of power by powerful people does not stop until there are boundaries. " This boundary is now regulated by law. With the development and progress of human society, it is increasingly important for the state power above the society, especially for the more and more huge administrative power, to carry out effective supervision. As a kind of administrative power, environmental law enforcement power, as a powerful legal means, is of great significance to solve environmental problems, crack down on environmental violations, especially promote the management of the environment according to law. Moreover, to a large extent, the realization of the goal of environmental protection depends on the exercise of environmental law enforcement power by environmental law enforcement agencies. If environmental law enforcement lacks effective supervision and restriction, it will seriously affect the effect of environmental management in our country. Therefore, in order to ensure that environmental law enforcement is "as hard as steel" and effectively prevent and supervise the occurrence and existence of acts or omissions in environmental law enforcement, it is necessary to construct a reasonable and smooth administrative internal supervision system. Otherwise, it will hinder the construction of a complete legal system of environmental law enforcement supervision in our country. In addition, from the point of view of theoretical research, most of the current research on the supervision system of environmental law enforcement belongs to the fields of political science, public management, administration, environmental science and so on, but the mature research in the field of law is less. In particular, the research on administrative supervision in environmental law enforcement supervision is obviously not enough. This not only leads to the backwardness and absence of environmental law enforcement supervision legislation, but also an important reason for the lack of environmental law enforcement supervision and inefficiency in practice. In order to solve the problems existing in the current environmental law enforcement supervision system and make up for the shortcomings of the administrative internal supervision system, it is necessary to re-establish the environmental law enforcement supervision institutions in our country in accordance with the specific requirements of the reform of the "big department system". This paper is divided into five chapters. The first chapter expounds the background and significance of the topic, makes a literature review of the domestic environmental law enforcement supervision system, and determines the research objectives, methods and framework of this paper. The second chapter defines and discriminates several important concepts, such as law enforcement, environmental law enforcement and environmental law enforcement supervision. The third chapter describes the basic situation of China's environmental law enforcement supervision system. The fourth chapter focuses on the formation, development and operation status of environmental law enforcement supervision institutions in China. The fifth chapter expounds the main measures to establish and improve the supervision system of environmental law enforcement in China, and the assumption of dealing with the relationship between the central and local environmental law enforcement supervision organizations on the basis of the specific requirements of the current reform of the "large department system".
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6
[Abstract]:Montesquieu, in his famous book on the Spirit of Law, makes it very clear that "all those who have power are prone to abuse of power, which is an experience that has not been easy in ancient times." The use of power by powerful people does not stop until there are boundaries. " This boundary is now regulated by law. With the development and progress of human society, it is increasingly important for the state power above the society, especially for the more and more huge administrative power, to carry out effective supervision. As a kind of administrative power, environmental law enforcement power, as a powerful legal means, is of great significance to solve environmental problems, crack down on environmental violations, especially promote the management of the environment according to law. Moreover, to a large extent, the realization of the goal of environmental protection depends on the exercise of environmental law enforcement power by environmental law enforcement agencies. If environmental law enforcement lacks effective supervision and restriction, it will seriously affect the effect of environmental management in our country. Therefore, in order to ensure that environmental law enforcement is "as hard as steel" and effectively prevent and supervise the occurrence and existence of acts or omissions in environmental law enforcement, it is necessary to construct a reasonable and smooth administrative internal supervision system. Otherwise, it will hinder the construction of a complete legal system of environmental law enforcement supervision in our country. In addition, from the point of view of theoretical research, most of the current research on the supervision system of environmental law enforcement belongs to the fields of political science, public management, administration, environmental science and so on, but the mature research in the field of law is less. In particular, the research on administrative supervision in environmental law enforcement supervision is obviously not enough. This not only leads to the backwardness and absence of environmental law enforcement supervision legislation, but also an important reason for the lack of environmental law enforcement supervision and inefficiency in practice. In order to solve the problems existing in the current environmental law enforcement supervision system and make up for the shortcomings of the administrative internal supervision system, it is necessary to re-establish the environmental law enforcement supervision institutions in our country in accordance with the specific requirements of the reform of the "big department system". This paper is divided into five chapters. The first chapter expounds the background and significance of the topic, makes a literature review of the domestic environmental law enforcement supervision system, and determines the research objectives, methods and framework of this paper. The second chapter defines and discriminates several important concepts, such as law enforcement, environmental law enforcement and environmental law enforcement supervision. The third chapter describes the basic situation of China's environmental law enforcement supervision system. The fourth chapter focuses on the formation, development and operation status of environmental law enforcement supervision institutions in China. The fifth chapter expounds the main measures to establish and improve the supervision system of environmental law enforcement in China, and the assumption of dealing with the relationship between the central and local environmental law enforcement supervision organizations on the basis of the specific requirements of the current reform of the "large department system".
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.6
【相似文献】
相关期刊论文 前10条
1 李树;陈刚;陈屹立;;环境立法、执法对环保产业发展的影响——基于中国经验数据的实证分析[J];上海经济研究;2011年08期
2 裴文军;;论我国环境执法立法的完善[J];河南广播电视大学学报;2011年02期
3 郭衡焕;王小毛;;环境保护行政执法工作现状与对策探讨[J];中外企业家;2011年14期
4 贺荣兰;;我国环境执法动力问题研究[J];中国校外教育;2011年14期
5 崔凯军;;剖析环境行政处罚案件执行难的原因及对策[J];北方环境;2011年06期
6 王仁贵;;绿色发展的历史关节[J];w，
本文编号：2479545
本文链接：https://www.wllwen.com/falvlunwen/huanjingziyuanfa/2479545.html
