Author(s)

Xinyan Sheng ¹

Affiliation(s)

¹ Shanghai Jinshan District People's Court, Shanghai, 201500, China

Corresponding Author

Xinyan Sheng

ABSTRACT

When administrative counterparts passively handle administrative penalties and other administrative acts, environmental protection administrative organs often fall into a dilemma of environmental protection due to the lack of enforcement powers, especially if the environmental violations persist before they apply to the court for enforcement. This paper takes the existing injunction system in litigation as a research model, analyzes the legal basis of environmental non-litigious administrative execution injunction, and explores the application path of the injunction, aiming to address the "gap period" in the enforcement behavior of environmental protection administrative organs. By integrating environmental administrative law enforcement with justice, the paper enriches the means of preventive relief for ecological environmental damage.

KEYWORDS

Enforcement method; Environmental violations; Environmental protection administrative agencies

CITE THIS PAPER

Xinyan Sheng. Legal Analysis and Normative Application of Environmental Non-litigious Administrative Execution Injunction—From the Perspective of the Dilemma of the "Gap Period" in Environmental Non-litigious Administrative Execution. Science of Law Journal (2024) Vol. 3: 97-105. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030814.

REFERENCES

[1] Zhang J. "On the Difficulties and Solutions of the Dual track System of Administrative Compulsory Enforcement in China" [J]. published in "Research on Administrative Law" 2013 (3):85-89.
[2] Ying S. "Prospects for Legislation of Administrative Procedure Law in China" [J]. China Law Journal 2010 (2); 056-058.
[3] Hu H, "Reflection and Improvement on the Application of Daily Penalty System for Environmental Protection: Taking the Continuous Penalty System for Environmental Protection Days in the United States as a Reference", published in Politics and Law 2018 (8): 484-486.
[4] Bai W, Jin L, Xue G. "Comparison of Administrative Execution Systems between China and the United States", published in "Research on Administrative Law" 2001 (1):74-78.
[5] Cheng X. "On the Prohibition System of Personality Rights in China's Civil Code" [J]. published in Comparative Law Research 2021 (3):97-99.

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