Transcript Environment Law Enforcement Decentralization and Response in Dalian China

Environment Law Enforcement
Decentralization and Response in
Dalian China
Dalian Environmental Protection Bureau
Environmental Supervision Detachment
WANG Jianqiang
Nov. 25, 2008
Distinguished host, ladies and gentlemen,
It’s my great honor to participate in the
AECEN Forum to share and learn the
experience in Asian environment law
enforcement.
I’m the leading official of environment law
enforcement under Dalian Environmental
Protection Bureau of China. Today, I will
introduce the environment law enforcement in
Dalian to you, so as to share the working
experience in environment law enforcement
with you.
Contents
I. General Situation in Dalian
II. Situation of Environment Law
Enforcement in Dalian
III. Some Experience in Environment
Law Enforcement in Dalian
IV. Some Opinions on Law Enforcement
Decentralization
I. General Situation in Dalian
Dalian is located on the east coast of Euro-Asia Continent, the most
southern tip of Liaodong Peninsular in Northeast China. It is an
important city of port, trade, industry and tourism.
I. General Situation in Dalian
Dalian is located in the warm temperate zone in the Northern
Hemisphere, with the continental monsoon climate in warm temperate
zone but also with the characteristics of maritime climate. The four
seasons are distinct, and the winter and summer are both mild.
I. General Situation in Dalian
The land area of Dalian is 12,573.85 km2, and the buildup area is 2,414.96 km2. It has a population of 6 million
approximately.
I. General Situation in Dalian
Dalian governs 6 districts, 3 county-level cities
and 1 island country (i.e. Changhai County)
I. General Situation in Dalian
Hundred亿元
million Yuan
Ten thousand
万元 Yuan
2152
2500
3.82
4.0
3.5
2000
3.0
1500
2.5
726
2.0
1000
1.5
1.0
500
0
1.36
0.5
1996
GDP Dalian
2005
Year
0.0
1996
2005
Per Capita GDP
Year
The industry in Dalian has a solid foundation, great variety
and strong overall supporting capacity. In the last decade,
the national economy in Dalian kept at a high growth rate.
I. General Situation in Dalian
Decrease 35％
m3
立方米
40
Increase 12.25％
%
100
36.22
95.57
23.54
30
90
83.32
20
80
10
0
1996
2005
70
年
Year
Ten thousand Yuan GDP water consumption
1996
2005
Year
年
Utilization rate of sewage and waste treatment
The resource consumption constantly reduces, and the pollution
control constantly improves. The economic development shows a good
state with low input, low consumption, low discharge but high benefit.
I. General Situation in Dalian
The quality of water environment and air environment in Dalian is
generally good. The discharge amount of waste water in the whole
city is 450 million tons approximately, and the exhaust amount of
industrial waste gas is 150 billion m3 approximately.
I. General Situation in Dalian
Honors awarded:
“National Model City of Environmental
Protection”
“Global 500 Roll of Honor”
“China Habitat Award”
“National Civilized City”
“Most Vigorous City in China”
II. Situation of Environment
Law Enforcement in Dalian
 Organization Setup
 Process Flow and
Decentralization of Environment
Law Enforcement
Organization
Setup
Dalian Municipal
Government
Municipal Environment
Protection Bureau
Municipal Urban Construction
Administration Bureau
Municipal Ocean
Supervision & Regulation
Bureau
Situation of Environment Law
Enforcement in Dalian
Water, air, sound and radiation
environment pollutions in
industry and tertiary industry
Operation of garbage and
sewage innocent
treatment facilities
Ocean engineering
and shipping
pollution supervision
& regualtion
Three major bureau-level organizations in charge of
environment supervision & regualtion in Dalian
Organization
Setup
Environmental
Protection Bureau Law
Enforcement Branch
Environment
Supervision Detachment
Solid Waste
Management Office
Vehicle Exhaust Gas
Management Office
Nature Reserve
Management Office
Situation of Environment Law
Enforcement in Dalian
8 HQ units
6 branch units
7 local units
Supervision law
enforcement for hazard
waste
Supervision law
enforcement for vehicle
exhaust gas
Supervision
management for ecology
in nature reserve
Major law enforcement departments under Dalian Environmental Protection Bureau
Organization
Setup
Situation of Environment Law
Enforcement in Dalian
Collecting waste discharge fee
Main Duties of
Environment Supervision
Organizing the large action to fight against the
environmental law violation. Handling the letters
or calls from the people about the environmental
problem complaints
Check of discharge fee
Supervision & regulation of pollution sources
Supervision & inspection of environmental risk
sources
Disposal of environmental emergencies
Investigation of pollution cases
Environment Supervision Authority is the major
force of environment law enforcement
Situation of Environment Law
Enforcement in Dalian
Process Flow & Decentralization of
Environment Law Enforcement
Source of Law Enforcement Tasks
Daily supervision &
inspection
Complaints from
the people
Cases transferred upon the approval
of bureau director or competent
bureau director
Emergency
cases
Cases transferred by
the departments
Supervision
& inspection
No illegal
acts
Field inspection record filing or
feedback
With illegal acts
Case
investigation
Case transfer
Evidence sufficient,
supplement investigation
Go to the disposal procedure
of environment law violating
Document
delivery
Case follow-up
Filing
Introduction of Fixed Process
Flow of Law Enforcement
Situation of Environment Law
Enforcement in Dalian
Process Flow & Decentralization of
Environment Law Enforcement
Cases under
approval of municipal
bureau
Approval by
municipal bureau
Punishment
change
Accept
transferred
materials
Examine
whether to
record
Supplement
Register
and record
Not record
Common
serious
Approval by unit
director (competent
bureau director,
section director)
Approval by detachment
(bureau) director
Punishment
notice
Approval by case
approval team
Punishment
decision
Supervise the decision
implementation
End & file
Forcible execution by
court
investigation
Approval by
municipal bureau
Introduction of Fixed Deposal Procedure of Unlawful Acts
Situation of Environment Law
Enforcement in Dalian
Process Flow & Decentralization of
Environment Law Enforcement
The process flow of environment law enforcement
and case disposal process in Dalian have been fixed.
The separated enforcement is mainly embodied by
the division of department duties and allocation of
tasks.
Two causes of law enforcement decentralization:
 Division of duties of each environment law enforcement
departments specified in the laws, local laws &regulations,
department regulations and normative documents.
 The objects of environment law enforcement tend to be
diversified and dispersed with the economic and social
development.
Situation of Environment Law
Enforcement in Dalian
Process Flow & Decentralization of
Environment Law Enforcement
The existence of law enforcement decentralization
brings some new challenges to the environment law
enforcement.
For example, with the rapid economic development in Dalian, the
case of ocean ecological damage often occurs, which is between the
coastal engineering and ocean engineering. The law breaker causes
both the coast and ocean pollutions, so the dispute of jurisdiction is
likely to arise between the Ocean Bureau and Environment Bureau,
which demonstrates that the enforcement decentralization may cause
a game of administrative law enforcement right to us.
III. Some Experience in
Environment Law Enforcement
in Dalian

Actively promote the construction of
local laws and regulations

Carry out the responsibility system of
law performance, and define the
powers and responsibilities of law
enforcement

Introduce in ISO9000 management
system, and control the whole process
of law enforcement
III. Some Experience in Environment Law Enforcement in Dalian
1. Actively promote the construction of local
laws and regualtions
According to the constant changes of Chinese laws and
regulations and the changes of enforcement objects in Dalian, we
actively promote the construction of local laws and regulations so as
to adapt to the actual requirements. In recent years, our city
successively issued five normative documents for environment law
enforcement, which regulated the new pollution sources (e.g.
catering & entertainment service enterprises disturbing the
residents, rural livestock & poultry breeding, etc) and defined the
jurisdiction.
III. Some Experience in Environment Law
Enforcement in Dalian
1. Actively promote the construction of
local laws and regualtions
Moreover, Dalian actively promotes the legislative
body to revise the Dalian Environmental Protection
Rules & Regualtions. The public appearance of this act
will thoroughly solve the difficulties caused by the law
enforcement decentralization.
III. Some Experience in Environment Law
Enforcement in Dalian
2. Carry out the responsibility system of
law enforcement, and define the powers and
responsibilities of law enforcement
Since 2000, the standardized construction of environment law
enforcement has mainly relied on the responsibility system of
administrative law enforcement. This system consists of five
systems, that is, the Announcement System of Administrative
Law Enforcement, Study & Training System, Supervision &
Inspection System of Law Enforcement, Evaluation System,
and Responsibility Ascertaining System.
III. Some Experience in Environment Law Enforcement in Dalian
2. Carry out the responsibility system of law
enforcement, and define the powers and responsibilities
of law enforcement
Under the regualtion of responsibility system of law enforcement,
all the administrative law enforcement departments in the city should
clean their own law enforcement basis, jurisdiction, objects and law
enforcement powers etc, and announce to the public.
The advantage is that after the cleaning and announcement, the
crossing of law enforcement powers and ambiguity of duties can be
known by the law body of the municipal government, and then can be
legally judged.
III. Some Experience in Environment Law Enforcement in Dalian
3. Introduce in ISO9000 management system, and
control the whole process of law enforcement
The five systems under the responsibility system of law
enforcement only compose the basic frame of the regulation of
administrative law enforcement. However, the complicated content of
law enforcement and the numerous normative documents cause the
ambiguous authorities and responsibilities in the actual work of
enforcement. However, these problems (e.g. unsmooth process flow
of law enforcement, and etc.) can not be solved only by the
responsibility system of law enforcement.
III. Some Experience in Environment Law Enforcement in Dalian
3. Introduce in ISO9000 management system,
and control the whole process of law enforcement
Introduce in ISO9000 quality management
system, and carry out the whole-process
monitoring to the management mechanism,
management mode, process flow of law
enforcement, working efficiency, service level
and etc, which further improves the regulation
of environment law enforcement in our city.
IV. Some Opinions on Law
Enforcement Decentralization

New situation

Response
IV. Some Opinions on Law Enforcement Decentralization
1. New situation

Change of environment awareness of the public

New change of subject of law enforcement

Change of object of law enforcement
IV. Some Opinions on Law Enforcement Decentralization
1. New situation: change of environment
awareness of the public— promotion of democratic
right of Chinese citizens, improvement of awareness of right
protection.
The whole society and even the whole world pay more and
more attention to environmental protection and the
environment situation is more and more severe, which
enables the public to pay more attention to the living and life
environment and more actively to take part in the
environmental protection and construction, and constantly
improve their awareness of right and interest protection.
IV. Some Opinions on Law Enforcement Decentralization
1. New situation: change of environment awareness of
the public— promotion of democratic right of Chinese
citizens, improvement of awareness of right protection.
Various non-governmental environmental protection communities
were established successively, which have played an important role in
the environmental law publicity, environment supervision and
education as well as other aspects. All levels of people’s congress and
people’s political consultative conference in China have paid more and
more attention to the environment issues, and the proportion of
environmental protection proposals becomes significant and is
increasing every year.
IV. Some Opinions on Law Enforcement Decentralization
1. New situation: new change of subject of law
enforcement
Environmental protection is under the unified supervision and
regulation of competent administrative department of environmental
protection. However, the following issues need the definite stipulation by
laws and regulations: supervise and regulate which aspects? How to
supervise and regulate? which modes and means? Especially how to
cooperate mutually?
For example, the law enforcement of sand prevention and control is by
the forestry dept.; water resource protection by the water conservancy
dept.; domestic noise by the public security dept.; land use and mining by
state land & resources dept.; and ocean pollution control by the ocean dept.
IV. Some Opinions on Law Enforcement Decentralization
1. New situation: new change of subject
of law enforcement
After entry to WTO, some important issues, such as
certification of environmental friendly products like green food,
market admission of environmental protection industry and such
products etc, have been put under the supervision and regulation
of law enforcement departments concerned respectively. This
situation will be an important feature of environmental
protection law enforcement in the current and future periods.
IV. Some Opinions on Law Enforcement Decentralization
1. New situation: change of object of law
enforcement
With the reform and opening of China, various ownership
systems and economic sectors develop rapidly, especially the
individual, private, joint venture & cooperation, and mixed
ownership systems. Especially after China’s entry to WTO,
a large number of foreign funded enterprise came. These all
cause the change of object of law enforcement
IV. Some Opinions on Law Enforcement Decentralization
2. Response:
In the new situation, legally carry out the
work of environment law enforcement, and
make the changes accordingly. Change to
establish the overall decision-making
mechanism of environment and development,
and endeavor to promote the harmonious
development of environment and economy.
IV. Some Opinions on Law Enforcement Decentralization
2. Response
 Change from the simple pollution prevention & control to the
optimization of investment environment and construction of
ecological environment; strict with ourselves, expand the scope of
environmental protection responsibility;
 Change from the dispersed spot control to the regional and flow
domain overall control and industrial structure adjustment;
 Change from the major administrative means to the integrated
means (legal means presiding, supported by necessary
administrative, economic and technical means), so as to improve
the environment management level.
IV. Some Opinions on Law Enforcement Decentralization
2. Response
 With regard to the urban environmental protection,
change from the government’s monopolizing conduct of all
affairs and direct management to the market mechanism
and economic rules.
 Chang from single management to diversified
systemically and overall management (instead of the
traditional mode, e.g. forestry dept. controls forest; pasture
land dept. controls pasture land; water dept. controls water).
Thank you!
Nov. 25, 2008