Reflection and Innovation on China's Environmental Law Enforcement Model
The effectiveness of environmental enforcement is key to the actual implementation of environmental laws and a core issue facing contemporary Chinese environmental governance.Despite long-standing widespread concern and public criticism over the inefficiency of environmental law enforcement,the root of the problem lies in the logic of administrative power operation and the inadequacy of merely relying on strengthening external forces through"intensified enforcement"to fundamentally address the problem.This paper systematically analyzes the limitations of the conventional Chinese environmental enforcement model,characterized as"coercive"and"authoritarian",and explores the transition from administrative control to multi-party governance,from solely supervising enterprises to supervising both enterprises and government,and from separate enforcement to coordinated action.It proposes unique and innovative directions for Chinese environmental enforcement pathways.This paper begins by identifying the intrinsic deficiencies of conventional environmental enforcement models,including their inherent rigidity,the challenge of independent enforcement authority,and the dilemma of resource allocation within the environmental enforcement teams.Subsequently,it emphasizes the need for a paradigm shift in environmental enforcement philosophy from a"coercive"model to a"co-governance"model and advocates for the diversification of enforcement entities and the variety of enforcement methods to deepen the development of environmental governance.This paper then proposes a series of institutional design suggestions aimed at creating a more open,collaborative,and effective environmental enforcement system.These measures include perfecting the environmental administrative discussion system,expanding the applicability of flexible environmental administrative actions,and optimizing the resource allocation of environmental enforcement teams.Through these initiatives,the paper not only critically examines the problems inherent in conventional environmental enforcement models but also lays an important methodological and normative foundation for reorganizing the environmental enforcement model,offering solutions to practical enforcement problems.This paper contributes a new theoretical perspective and conceptual framework to the field of environmental governance by systematically analyzing the problems within the current environmental enforcement system and proposing a new paradigm for transitioning from single administrative control to multi-party governance.This transformation not only meets the demands of the era for environmental protection but also aligns with the overall trend toward modern governance,providing insights for legal reforms in other fields.It not only enhances the effectiveness of environmental regulations but also fosters cooperation among the public,enterprises,and the government,creating a favorable environment for collective participation in environmental protection.This paper offers profound insights into the optimization of China's environmental enforcement mechanisms,providing significant theoretical support and practical guidance for the deepening of Chinese environmental governance.It holds significant meaning for advancing the environmental legal governance and constructing a modern nation in harmonious coexistence with nature.
modern environmental governance systemenvironmental law enforcementsystem holistic viewinstitutional transformation
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