ShenWeichen

Abstract： The mandatory disclosure of self-monitoring information by sewage units is the legal responsibility of sewage enterprises as one of the important links of the sewage permit system. At present， in the self-monitoring information disclosure procedure， there are problems such as vague definition of subject， imperfect disclosure method， accountability and failure of supervision procedure. Therefore， this paper makes some suggestions on how to clarify the main status of sewage units， improve the way of self-monitoring information disclosure， and implement the procedure of accountability.

Key words： Self-monitoring ; Mandatory disclosure of information; Sewage enterprises

CLC number：TU992.3 ? ? ? ?Document identification code：A

The report of the 19th National Congress of the Communist Party of China proposed "strengthening the responsibility of polluters， improving the system of environmental credit evaluation， mandatory disclosure of information， severe punishment and punishment"， and the Measures for the Administration of Sewage Permits （Trial） stipulates that enterprises must carry out self-monitoring in accordance with the law， and that enterprises should self-monitor data as an important part of enterprise sewage permits， which plays an important role in the government's judgment on whether to issue permits to enterprises and verify the implementation of sewage permits.

1 China's Sewage Enterprises Self-Monitoring Information Disclosure Procedures Dilemma

At present， China's sewage units self-monitoring and information mandatory disclosure procedures are not yet fully mature， information disclosure subject， procedures and disclosure methods， there are corresponding problems.

1.1? The Main Definition is Vague

The information disclosure of self-monitoring by the sewage unit mainly includes the information submitted and disclosed by the sewage unit as self-monitored and the subject of supervision monitoring.

China's laws and regulations clearly define the environmental monitoring institutions belonging to the competent departments of environmental protection as the subject of monitoring of pollution sources. Such as article 5 of the Measures for the Administration of Environmental Monitoring. However， in recent years， with the continuous promotion of environmental monitoring socialization reform in China， social monitoring institutions gradually assume the main body of sampling and data analysis in the monitoring of pollution sources， which leads to a misperception of their subject status（Song Nian，2018），which can easily lead to deviation in the understanding of the subject of environmental administrative law enforcement， resulting in the illegal situation of the administrative subject.

1.2? Enterprise Information Disclosure to be Improved

Enterprises may publicly monitor information through information special issues， newspapers， radio， television， such as the collection point of the unit information for the public to know. The regulations do not make it mandatory for enterprise disclosure methods， and enterprises can choose the appropriate method of information disclosure according to their own circumstances. However， some enterprises as the main body of monitoring， often low initiative， the subject consciousness is not strong， for enterprise information can usually not be disclosed without disclosure， and even some enterprises in order to cope with the inspection of the ecological environment sector to disclose false monitoring information.

1.3? Procedures Are Not in Place

First of all， how to identify illegal acts to be refined. The Measures for Self-Monitoring and Information Disclosure of State Key Monitoring Enterprises （Trial） do not specify in detail the specific manifestations of illegal acts such as non-compliance with the obligation of information disclosure and information fraud in accordance with the law. Secondly， the identification of the object of accountability is doubtful. As a commissioning agency for enterprises that do not have the capacity to conduct self-monitoring， the need for third-party monitoring institutions to be accountable for the information published by enterprises has not been implemented. At present， china does not have the third-party monitoring institutions to punish illegal liability. Finally， the form of responsibility applies vaguely. At present， the degree of administrative punishment applied by chinese laws and regulations to illegal acts is not clear， and the competent department of environmental protection has greater discretion in the actual law enforcement.

2 The Sewage Enterprises Self-Monitor the Causes of the Difficulties of The Information Disclosure Procedures

The reasons for the above problems in the self-monitoring and information disclosure of the current sewage units in China mainly include the concept， legislative norms and realistic conditions.

2.1 “More Entities Than Programs”Thinking Restrictions

Common law system skewed procedures， while civil law systems tend to favor entities. Before the 20th century， Chinese law was not only mixed， but also in distinguished between entities and procedures（Chen Ruihua，2005）.For a long time， due to geographical， social form， economic system and other reasons，（Tan Guangding，2005） There is no independent system of procedural law in ancient China， mostly in the form of chapters and sections in substantive law. It was not until recent times that separate litigation laws emerged. Therefore， our academic circles are influenced by the thinking of " More entities than programs"， which neglects the value of procedural justice to a certain extent. The justice of the procedure requires not only the legitimacy of the result， but also the conclusion of the result through a reasonable and just process. However， due to the neglect of procedural value， the legitimacy of the procedure is difficult to be paid attention to， the rigor of the procedure operation is not strictly observed， and the rationality of the procedure operation is not fully understood.

2.2? The Regulations Are General

At present， China's self-monitoring of the sewage units of the relevant provisions of information disclosure is scattered in the various order of laws and regulations， from the overall view of the legal rank is lower. Among them， China's current effective laws involving sewage units self-monitoring information disclosure provisions are mainly 2， 6 administrative regulations， more than 40 departmental regulations. However， the environmental protection law on this provision is more general. At the same time， the ecological environment department how to receive reports from citizens， legal persons and other organizations to urge enterprises to fulfill their obligations of self-monitoring and information disclosure in accordance with the law， illegal enterprises refuse to accept punishment and other cases of follow-up accountability procedures and other details are not specified.

2.3? The Economic Interests of The Enterprise Are Driven

In practice， sewage units or third-party monitoring institutions are often driven by economic interests， and falsified data， affecting the authenticity， validity and integrity of the data. Self-monitoring information needs to monitor equipment for long-term monitoring， combined with human and material resources and other costs， resulting in high cost of enterprise monitoring. And sewage units as enterprises， the primary purpose of enterprises themselves or economic interests， monitoring costs are too high to lead to the loss of corporate profits， and may even lose money. And according to the existing regulations， the punishment of illegal enterprises is relatively light， the cost of illegal enterprises is much lower than the cost of self-monitoring， some enterprises do not hesitate to take risks to low pay to obtain high income. In addition， some enterprises have a weak monitoring base， and the selection of third-party monitoring institutions for cost-saving reasons， such as the selection of weak professional capacity， resulting in the monitoring data itself is difficult to achieve the authenticity， accuracy， completeness of the data.

3 Improve The Path of Self-Monitoring Information Disclosure Procedures By Sewage Enterprises

3.1? Clear Sewage Enterprise Qualification

With the self-monitoring of the information of sewage units more and more attention， there are 5 laws and regulations and documents to monitor the main body of monitoring from key enterprises to sewage units（Fu Shengnan，2019）.At present， the focus of monitoring enterprise units are determined one year， by the Ministry of Environmental Protection to finalize the list. The provinces and cities may determine the key sewage enterprises at the provincial and municipal levels according to the environmental capacity of the region， the requirements of the total emission control index of key pollutants and the types， quantities and concentrations of pollutants discharged by enterprises and institutions， and shall， in accordance with the actual situation of the administrative region， force them to carry out information disclosure according to the actual situation of the state key monitoring enterprises.

3.2? Corporate Mandatory Disclosure is Combined with Voluntary Disclosure

At present， the public self-monitoring information of the sewage unit mainly depends on the law to force， encourage enterprises to take the initiative to record， disclose in addition to the law must be disclosed information， such as manual monitoring of the entire original record and monitoring process and monitoring period of working conditions information， etc.， to form account information， so as to be checked by management. In order to better grasp the fit between mandatory disclosure and voluntary disclosure， effectively play the role of mandatory disclosure and voluntary disclosure， on the one hand， to follow the principle of cost-effectiveness， fully consider the cost burden of enterprises（Chen Yan，2010）;on the other hand， the establishment of mandatory disclosure minimum standards and automatic disclosure incentive mechanism， to encourage sewage units to comprehensively comb the emission of pollution sources， monitoring equipment monitoring effect.

3.3? Standardize Supervision Procedures

It is necessary to improve the procedure of direct connection between public supervision and supervision by the competent departments. The public shall report to the competent department of environmental protection on the basis of exercising the right to know the environment and on enterprises that do not perform self-monitoring and information disclosure in accordance with the law. To improve the link between public supervision and supervision by the ecological environment department， and to make it clear that when the public reports to the ecological environment department through lawful means， the ecological environment department shall identify the authenticity of the report according to the contents of the report， and shall conduct an investigation within a reasonable time for the illegal enterprise's illegal activities， and respond to the public report. If there are enterprises that have violated the law， the competent departments shall take corresponding measures and urge enterprises to fulfill their obligation to monitor the disclosure of information on their own.

We should effectively give full play to the dominant position of social and environmental protection organizations in the public supervision procedure. We can learn from the practice of Jiaxing City Environmental Protection Federation in Zhejiang Province， make full use of the supervision power given by the law to social environmental protection organizations： the use of environmental protection social organizations have the professional advantages and human resources， to assist the ecological environment departments to carry out the sewage enterprises self-monitoring information disclosure of professional training and testing， and to the public training effect. At the same time， social organizations are given the right to supervise the ecological environment departments that assume the functions of supervision and management in a legal form， and it is clear that they have the right to initiate environmental administrative public interest litigation against the competent administrative departments that do not act in the administration or indiscriminately.

（責(zé)任編輯：武多多）

Reference：

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[2]Chen Ruihua. Frontier Issues in Criminal Procedure （Second Edition） [M].Beijing： Chinese Min University Press， 2005.3.

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