The new Measures for Administrative Law Enforcement Inspection in the Field of Ecological Environment have been issued, introducing provisions on “non‑on‑site inspection” and accountability measures, among others.

Release Date:

2024-01-08

The Ministry of Ecology and Environment recently issued the newly revised Measures for Administrative Law Enforcement Inspections in the Field of Ecology and Environment (hereinafter referred to as the “Measures”). According to a responsible official from the Bureau of Ecological and Environmental Law Enforcement of the Ministry, the Measures introduce “non‑on‑site inspection methods,” establish a simplified procedure, and stipulate that, when issues are clearly established and evidence is conclusive through non‑on‑site means such as mobile law enforcement systems, the inspecting authority may directly communicate the inspection results to the inspected entity.

As an essential step and integral component of ecological and environmental law enforcement, inspection work serves as a mechanism for overseeing enforcement activities and constitutes a powerful tool for standardizing enforcement practices, enhancing enforcement effectiveness, and implementing internal corrective measures. In August 2014, the former Ministry of Environmental Protection issued the Measures for Environmental Inspection and Supervision (hereinafter referred to as the “Original Measures”).

Compared with the previous Measures, the newly revised Measures introduce the following key changes: With respect to inspection content, following the comprehensive administrative law enforcement reform, the primary mandate of the integrated ecological and environmental protection enforcement teams is to investigate and prosecute ecological and environmental violations in accordance with the law, as well as to conduct routine supervisory inspections in areas such as pollution prevention, ecological conservation, and nuclear and radiation safety. Accordingly, the Measures define inspection content to encompass the implementation of matters related to integrated administrative law enforcement for ecological and environmental protection, including on-site inspections, administrative penalties, administrative enforcement measures, and compliance with relevant policies and institutional frameworks governing ecological and environmental law enforcement.

With regard to the accountability framework for inspections, the revised Measures emphasize a work orientation of “internal oversight and error correction with tolerance for mistakes,” and, in line with requirements such as “strengthening hierarchical supervision and internal checks and balances, and improving mechanisms for correcting errors and holding individuals accountable,” further refine enforcement inspection procedures. The Measures introduce new provisions on holding parties accountable for obstructing inspections, thereby bolstering safeguards for inspection activities; they also add considerations for determining liability, incorporate provisions on tolerating and correcting errors and on exonerating due diligence, and specify seven circumstances under which disciplinary responsibility for enforcement misconduct will not be pursued. (Reporter Zhang Wei)

[Editor-in-charge: Liu Yang]

Source: Legal Daily

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Xinhua Insight | What common problems were exposed? What will be the focus of future inspections? — A spotlight on the Central Ecological and Environmental Inspection

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