美国环境执法特点及其启示

The Features of the Environmental Enforcement in the U.S. and Their Illumination

从美国环保局的权力、地位、守法援助、守法激励、守法监督、民事与刑事执法、经济处罚额计算以及公众参与和执法协调等方面总结了美国的环境执法经验,得出兼顾环境和市场经济目标,执法与守法相结合,恩威并重、科学执法,民主、公平执法4条执法启示,供我国环境执法借鉴。

The authors summarize the features of the environmental enforcement of the U.S. EPA from a variety of perspectives, such as the U.S. EPA's jurisdictional scope and post in Federal Government, compliance assistance, compliance incentive, compliance monitoring, civil enforcement, criminal enforcement, calculation of penalty, public involvement and coordination between agencies, etc. Four illuminations regarding environmental enforcement are concluded to be learned by China for ameliorating the environmental enforcement, which include balancing the dual goals of environmental protection and level playing field, combining enforcement with compliance, enforcing scientifically by virtue of both incentive and severity, and enforcing the laws democratically and justly.