限期治理法律制度若干问题研究

以环境管理法律制度的可适用性和可操作性为立足点,从制度完善和创新的角度出发,对现行限期治理制度中存在的法律问题和现实障碍进行了系统的分析和论证.同时,结合实际工作,针对性地提出立法建议,通过将限期治理权限赋予环保部门,进一步明确限期治理的条件,完善限期治理的程序和形式,规定限期治理期间排污单位应承担的义务,以促进限期治理制度功能的发挥,提高环境管理能力. 

Several Issues on the System of Law of Undertaking Treatment within a Prescribed Limit of Time

The system of law of undertaking treatment within a prescribed limit of time was dealt with. The analysis and argument of legal problems and realistic obstacles of the current system were carried on, from the standpoint of applicability and practicability of the system of law and aiming at improvement and innovation of it. Combining the actual work with the theoretical argument, it is suggested that through entrusting the right of forcing the polluters to undertake treatment within a prescribed limit of time to the environmental protection departments, concrete contents of the system of law be further defined, including the conditions of the system of law, the implementation procedures and forms, and the obligations of the polluters, so as to promote functioning of the system of law and improvement of environmental management capacity.