Structure and Law Enforcement of Environmental Police in China

Abstract

Is the Environmental Police (EP) the solution to close the remaining gaps preventing an effective Environmental Protection Law (EPL) implementation? By analyzing the different concepts behind and needs for a Chinese EP, this question is answered. The Environmental Protection Bureau (EPB) has the task of establishing, implementing, and enforcing the environmental law. But due to the fragmented structure of environmental governance in China, the limited power of the EPBs local branches, e.g. when other laws overlap with the EPL, low level of public participation, and lacking capacity and personnel of the EPBs, they are vulnerable and have no effective means for law enforcement. An EP could improve this by being a legal police force. Different approaches have been implemented on a local basis, e.g. the Beijing or Jiangsu EP, but they still lack a legal basis and power. Although the 2014 EPL tackled many issues, some implementation problems remain: The Chinese EP needs a superior legal status as well as the implementation of an EP is not further described. It is likely that the already complex police structure further impedes inter-department-cooperation. Thus, it was proposed to unite all environment-related police in the EP. Meanwhile the question will be raised, which circumstance is making large scale environmental pollution possible and which role environmental ethics play when discussing the concept of EPs.