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当前,我国环境治理能力依然呈现相对乏力的状态,其根本原因在于以中央政府管控压制为中心的动员型环境治理体制的制约,由此导致环境立法权限配置不科学,立法有效供给不足,执法主体混乱,执法程序不规范,执法不平等和公众参与不足问题特别突出。因此,坚持多元合作综合化的治理理念,通过合理划定执法主体的权限配置,以宪法规范创设环境治理权力和权利体系,培育公民社会赖以存在之法治文化基础,乃是环境治理能力提升的基本方向。
At present, the state of environmental governance in our country is still in a state of relative weakness. The fundamental reason lies in the restriction of the mobilization-type environment governance system centered on the suppression and control by the central government. As a result, the allocation of environmental legislative authority is unscientific, the legislation is insufficiently supplied, Confusion, irregularities in law enforcement procedures, inequalities in law enforcement and lack of public participation were particularly acute. Therefore, adhering to the concept of multi-cooperation and comprehensive governance, by reasonably delineating the allocation of authority of law enforcement subjects, establishing the power and rights system of environmental governance by constitutional norms and fostering the cultural basis of the rule of law upon which civil society depends, The basic direction.