China's marine eco-environment law enforcement from the perspective of the responsibility system: Dilemmas and solutions

被引:0
|
作者
Sun, Ruiheng [1 ,2 ]
Hu, Desheng [1 ,2 ]
机构
[1] Chongqing Univ, Law Sch, Campus B,174 Shazheng St, Chongqing, Peoples R China
[2] Chongqing Univ, Law Sch, Chongqing 400044, Peoples R China
关键词
Marine eco-environment; Law enforcement; Responsibility system; Hierarchical government;
D O I
10.1016/j.marpol.2024.106437
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
As the final link in promoting the construction of marine ecological civilization, the marine eco-environment law enforcement is crucial to realize the Chinese-style modernization which concerns the harmonious coexistence of humans and nature. This study examined the current state of the responsibility system of China's marine ecoenvironment law enforcement through legal doctrinal analysis. Three deficiencies that are hindering the improvement of the effectiveness and efficiency of China's marine eco-environment law enforcement were identified. Firstly, at central level, the allocation of law enforcement powers fails to reflect the principle of integrated land-sea management. There is also insufficient coordination between marine environmental law enforcement and marine resources law enforcement. Secondly, at local level, there is a lack of cross-departmental and cross-regional law enforcement collaboration mechanisms. Thirdly, regarding central-local relations, the allocation of law enforcement powers and resources is unreasonable, and there are conflicts in the management modes of law enforcement agencies. To enhance the effectiveness and efficiency of China's marine ecoenvironment law enforcement, it is necessary to: (i) coordinate central law enforcement powers among different maritime-related administrations based on the principle of integrated land-sea management, and the principle of environment-resources integration; (ii) establish cross-departmental and cross-regional law enforcement collaboration mechanisms; (iii) and appropriately allocate marine eco-environment law enforcement powers between the central and local maritime-related administrations.
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页数:8
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