The Research Of The Legal Liability Of Environment Administration Untaking

Along with the country to environmental protection dynamic's enlargement, the environment administration does not take has become society's focal point. The environment administration does not take by its covert form laissez faire in the environment administration subject environment supervision authority and the responsibility, not only has harmed the relative person's legitimate rights and interests and the public environment benefit, and has also harmed the environment administration main body male letter strength and the authority, causes the place and department protectionism is in flood causes the obeying the law cost high, the illegal cost low passive aspect. At present our country environment administrative law educational world does not take the legal liability to the environment administration the research discussion not to be many, in the judicial practice also has many fuzzy understanding. The article altogether divides into five parts: The first part of main explanation article produces the realistic background and the domestic and foreign research present situation further showed that does not take the legal liability research to the environment administration the goal and the significance. The second part mainly analyzed the environment administration not to take the legal liability the elementary theory question, explained the environment administration not achievement's connotation and the characteristic, based on this, indicated the environment administration not to take the legal liability the concept, discussed the environment administration not to recognize the essential factor as the legal liability. The third part of author first has not carried on the analysis to the environment administration as the legal liability present situation, summarized our country environment administration not to take the administrative responsibility and the legal responsibility stipulation. Next, according to does not take the legal liability present situation to our country environment administration the analysis, proposed our country environment administration does not take the legal liability existence the question. The fourth part of author mainly introduced the UK-US legal system and the mainland legal system country does not take the legal liability to the environment administration the stipulation, carries on the analysis classification to it, summarized the related consummation environment administration not to take the legal liability the experience, to consummate our country related legal regime to provide essential model. The fifth part mainly explained how to consummate our country environment administration not to take the legal liability, proposed the establishment administration liability of compensation legal regime, the consummation administration legal liability's formalism, the foundation abstract environment administration does not take the judicial review system, conception and so on stipulation strict concrete administration legal liability.