【作者】 段海燕；

【导师】 董进宇；

【作者基本信息】 吉林大学 ， 环境与资源保护法学， 2006， 硕士

【摘要】 二十几年来,我国的环境法体系已经初步建立,然而,我国的环境状况却没有随着这些法律的颁布而得到相应的改善。相反,环境质量整体上还呈恶化的趋势。这说明,已经制定的环境法律法规,并没有真正完全得到实施。因此,加强我国的环境执法,解决环境执法现存的问题是实现立法目的的主要途径。本文采用了博弈分析的方法通过建立模型对环境执法人员打击违法行为的问题、惩罚违法与环境改善的问题以及联合执法问题进行了博弈分析。分析结果显示:加强现有的环境执法必须改变执法人员现有的执法形式、方式和思路;必须加大对环境执法失职行为的处罚力度,建立环境执法领导责任制;必须制定一个强制性的规范来约束环境执法部门的协调执法,进一步完善环境管理制度。更多还原

【Abstract】 Our country has begun to constitute the legislation of environment since 1970s. In a way, we can say that the system of our environmental law has been established. However, our environment is not perfectly improved. The other way round, our environment is worse than before. All this show that our environment laws are not completely put in practice, and there are a lot of limitations in practice. In this paper, the author makes an analysis of our environmental law enforcement with game theory. Through analysis we will try to find some way to solve these problems, and suggested measures on them. We hope that they can be the theoretic basement of environmental law enforcement. And they can be useful for the improvement of our environment.Let us have the first look at the actuality of environmental law enforcement. First we should understand the definition of environmental law enforcement. The broad sense of it refers that it includes the administrative enforcement of environmental law, the arbitral enforcement of environmental law and the judicial enforcement of environmental law. The narrow sense of it only refers to the administrative enforcement of environmental law. We have made a big devotion to the enforcement since the ninth five-year program. Today our country still pays great attention to it. The scholars have been studying this project constantly. They have already proposed measures on it. But there still have limitations on it and it needs further improvements.On the base of the character of the environment law enforcement we built three game analysis models.更多还原