中国环境法治失灵的因素分析——析执政因素对我国环境法治的影响

尽管三十年来环境法治不断强化,但中国的环境质量状况总体上却在呈恶化趋势。本文通过对影响中国环境法治的内部因素的分析,发现环境立法存在的问题在于环保法律既无大错也无大用;环境行政存在的问题在于环保部门执法权力受制于地方党政与经济主管部门以及统一监管体制的缺陷;环境司法存在的问题在于对环境执法的支持性不足和对污染被害者的救济不利。而上述所有问题的根源,则与为环境法治实施提供体制和机制保障的外部的执政因素即执政方式以及公权力运行体制和机制的安排密切相关。

Factors Affecting the Operation of China's Environmental Protection Law:an Analysis of the Governing Impacts on the Implementation of Environmental Protection Law

Although the implementation of environmental protection law has been increasingly strengthened in the last thirty years,China’s environment is still deteriorating.Through an analysis of the inner factors affecting of the implementation of China’s environmental law,this it is found that the current problem for environmental legislation is that environmental protection laws and regulations have no major mistakes,nor any major impact;the basic administrative factor affecting the implementation of environmental protection law is that the enforcement power of environmental protection departments and sectors is subject to and bounded by local governmental economic authorities and the unified environmental regulatory regime;and the judicial factor affecting the implementation of environmental protection law is that the courts have provided neither enough support for environmental law enforcement nor sufficient remedies for enviromental pollution victims.These problems is closely related to the external governing factor which is supposed to provide guarantee and protection for the implementation of environmental protection law,i.e.the Party’s governance capability,and its arrangements of the public authority operating institutions and mechanisms of public authority.