新时期生态监管职能解析及制度体系构建建议

2018年中共中央印发的《深化党和国家机构改革方案》对自然生态系统的保护修复和监管进行了部门划分，但由于生态系统结构、过程和功能的复杂性和多样性，在涉及生态保护修复具体工作时，依然面临着生态监管的职能边界不清晰、制度体系不健全等问题.以习近平生态文明思想为指引，借助于生物多样性和生态系统服务科学-政策平台（IPBES）概念框架，明晰了新时期生态环境部门生态监管职能的内涵，即从维护国家和区域生态安全的角度，通过监测、评估、监督、执法和考核等手段，对有关部门和地方政府所开展的生态保护修复工作进行行政监督和执法.解析了生态环境部门与自然资源部门（包括国家林草部门）在生态保护修复领域的职责关系，主要包括三方面:①二者分别通过间接与直接途径实现促进生态系统服务和产品供给提升的目标.②二者定位分别是外部“专职”监管和中央与地方、上级与下级的内部监督.③二者监督对象分别是督政与督事.针对新时期生态监管制度体系的构建，建议健全生态保护防控制度、建立“1+N”生态监测制度、构建生态评估及预警制度、健全生态保护执法制度、完善考核督察问责制度、健全公众参与监督制度和构建生态监管保障制度等，以进一步提升生态监管效能，推动生态保护修复成效提升，从而为人民群众提供更多更好的生态产品. 

Ecological Supervision Function and Suggestions on System Construction in the New Period

The protection, restoration function and the supervision function of natural ecosystems were divided into different departments following the Program for Deepening Reform of Party and State Institutions issued by the Central Committee of the CPC in 2018. When it comes to the specific protection and restoration issues, however, due to the complexity and diversity of ecosystem structure, process and function, there were still some open issues when implementing the ecological supervision, like the unclear boundary, the imperfect institutional system. Guided by XI Jinping's Thought of Ecological Civilization and assisted with the conceptual framework of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), the paper firstly clarified the core intension on the ecological supervision that the Ministry of Ecology and Environment (MEE) should focus on in the new period: from the point of view of safeguarding national and regional ecological security, the eco-environmental sector shall supervise and enforce the law on the ecological protection and restoration work carried out by relevant departments and local governments by means of monitoring, assessment, supervision, law enforcement and assessment. Secondly, three aspects about the relationship between the Ministry of Ecology and Environment and the Ministry of Natural Resources (including the State Forestry and Grass Bureau) were analyzed in the field of ecological protection supervision function: (1) They can realize the promotion of ecosystem services and product supply from two different schemes, that is, the indirect approach and the direct way, respectively. (2) The former one is primarily targeted to the external 'specialized' supervision while the hierarchical internal supervision is the focus of the latter one. (3) One supervises the administration policies and the other supervises the specific affairs. Thirdly, seven suggestions or advices that promote and improve the construction of the ecological supervision system in the new period were proposed: improving the prevention and control system of ecological protection; establishing the '1+N' ecological monitoring schemes; constructing the ecological assessment and warning system; improving the law enforcement system of ecological protection; improving the system of examination, supervision and accountability; improving the supervision system with the broadly public participation; and constructing the guarantee system of ecological supervision. The above suggestions aim to further improve the efficiency of ecological supervision, promote the effectiveness of ecological protection and restoration, and thus ultimately provide more high-quality ecological service products for the people.