我国环境法实施机制的缺陷及其克服

The Defects of Implementation Mechanism of Chinese Environmental Law and Its Overcoming

我国环境法未能得到良好实施的原因是多方面的,其中实施动力不足、实施机制存在缺陷是主要原因。环境法实施的传统路径是受害民众提起环境侵权诉讼和政府部门进行环境执法,实践证明,这两条路径未能保证环境法得到有效实施。我国已经对环境法实施的传统路径加以改进,并创设了环境民事公益诉讼制度和环境行政公益诉讼制度,但相关举措还不足以带来理想的环境法实施效果。环境法得以有效实施的关键是处理好政府、企业、民众三者之间的关系,确保各主体具有充足的法律实施动力,并为这种动力能够正常发挥配置相应的保障措施。

Environmental law has not been well implemented for many reasons in China. The main reasons are the lack of imple-mentation motivation and the defects of implementation mechanism. The traditional paths of environmental law implementation are the environmental infringement litigation by victims and the enforcement of environmental law by government departments,but practice has proved that these two paths failed to guarantee the effective implementation of environmental law. China has already improved the tradi-tional paths of environmental law implementation and created environmental civil public interests litigation system and environmental ad-ministrative public interest litigation system,but the relevant measures are not enough to bring the ideal implementation effect of envi-ronmental law. The key to the effective implementation of environmental law is to deal with the relationship among the government,en-terprises and people,to ensure that the main body has sufficient legal implementation power,and to configure appropriate safeguards for the normal play of this power.