Li Xue, Law School 

Abstract: At the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping proposed an environmental protection inspection system, and the reform of the ecological civilization system advocated and promoted through environmental protection supervision is one of the major measures to achieve green development. To increase the protection and supervision of the environment by local governments and improve the construction of ecological civilization, local governments are required to fully sort out the responsibility problems arising in the process of environmental protection supervision activities, improve relevant laws and regulations, and ensure the realization of local governments' environmental protection supervision responsibilities, so as to promote the construction of ecological civilization. At present, the provisions on the environmental protection supervision responsibilities of local governments in China are too principled and scattered in various laws and regulations, which is not conducive to being used as a practical basis, and may eventually lead to the failure of local governments to assume environmental protection supervision responsibilities. This paper provides a certain improvement path for the realization of local governments' environmental protection supervision responsibilities by studying the problems that may arise in the undertaking of local government environmental protection supervision responsibilities, combined with laws and regulations and actual conditions. Starting from the basic definition of local government environmental protection supervision, this paper summarizes the main content of local government environmental protection supervision activities as promoting environmental legislation, ensuring environmental quality, promoting public participation, strictly implementing environmental administrative law, and performing duties according to law. Through the analysis of the necessity of realizing the environmental protection supervision responsibility of local governments, it provides stronger support for the government to better assume the responsibility of environmental protection supervision under the new historical situation. The second part is "the current situation of local government environmental protection supervision responsibility legislation in China and the analysis of existing problems". On the basis of the current situation of China's legislation, this paper objectively analyzes the rights and obligations of local governments in China at the legal level in terms of environmental protection supervision in combination with the actual situation. Based on the Environmental Protection Law, this paper conducts a systematic study on the relevant standards, authority and relief procedures of local government environmental protection supervision responsibilities in China, and clearly points out the defects and deficiencies. This paper makes an in-depth analysis of the motivation for strengthening the environmental protection supervision responsibility of local governments, and points out the problems existing in the environmental protection supervision responsibility of local governments in combination with the actual situation of local government environmental protection supervision responsibilities. The third part provides some suggestions for the assumption of environmental supervision responsibilities by local governments. Based on the above analysis of the importance and existing problems of the realization of local government's environmental protection supervision responsibility, this paper demonstrates the realization of local government's environmental protection supervision responsibility from three dimensions: the formulation of the basic law, the guarantee of legal regulatory means and the guarantee of post-supervision mechanism. This paper first clarifies the importance of the role of the Basic Environmental Law to the responsibility of local governments for environmental supervision, and puts forward suggestions for the formulation and improvement of the Basic Environmental Law of China. Secondly, the relief procedures for the performance of local governments' environmental protection supervision responsibilities are discussed. Finally, it is suggested that public participation should be included in the realization of local governments' environmental supervision responsibilities.

Read the article here:          论地方政府环保监管责任的实现_李雪.pdf