| 英文摘要 |
This paper examines the monitoring and enforcement of environmental regulations, including the issue of decentralization of enforcement powers, the legal restraints of adjudication, especially about civil penalty and discretionary power, and the reinventing of enforcement system.
This paper finds out the following：the environmental affairs are correctly defined as statewide affairs； the enforcement powers are correctly delegated to county government while the EPA posses the monitory competence the civil penalty against incompliance must be carried out in accordance to the administrative procedure act. The administrative execution, especially the compulsion must abide by strictly the legal requests. The delegation of enforcement power to private persons, although advocated by some scholars, should not be adopted in the short run, while environmental volunteers (for example as monitors) should be enlarged. Looking forward, the freedom of environmental information act, such as those in Germany, should be adopted, so as the public could know the content of factories in the neighborhood or state wide, and so that they will be enabled to inspect. Factories obtaining ISO14000 should be given the chance to cooperate with the neighborhood to monitor, and in this way the environmental authorities will lessen the supervision. In case of great scale of reorganization of local government in Taiwan, the intergovernmental division of enforcement and monitoring powers should be reconsidered.
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