Research On The Legal System Of Environmental Administrative Relief

The environmental law is an emerging department law. Compared with the traditional department law, there are several unique characteristics. The particularity of the environmental law has determined the difference between the environmental administrative relief system and the traditional administrative relief system inevitably. The current legislation of China has often neglected these differences, attempted to solve the emerging environmental problem through the traditional relief way. The result must cause citizen's environmental rights and the public environmental rights obtained the appropriate guarantee with difficulty inevitably. Today, the environmental crisis is deepened day by day, the environmental administration becomes the main method of environmental protection, the environmental quality of various countries, owe the credit to or attribute to the behavior of the government and all levels of environmental administrative department in the very great degree. Therefore, establishing the environmental administrative relief system, which as the goal of supervision and promotion the environmental administrative organ's administration according to law, appears especially important.As the important component of our country's administration relief system, the environmental administrative relief system played a very important role for impelling the environmental legal construction of our country and promoting environmental protection field administered according to law in recent years. But with the fast development of the economy of our country, the environmental situation is severe day-by-day, the current environmental administrative relief system appears many uncoordinated places while dealing with the environmental problem, needs to adjust it properly.The author has started this theme's research under such background. This article has recommended the connotation, function and basic idea of the environmental administrative relief system firstly, these basic theories are the cornerstone of understanding, knowing or even constructing the environmental administrative relief system frame;Then carries on the analysis and comparison of foreign environmental administrative relief system in the two aspects of the environmental administrative relief system and the subject, remedy shortcoming and deficiency that the current regulations of our country exist through drawing lessons from the foreign advanced system;In this foundation, discovered the predicament of our country's present environmental administrative relief system which includes in the six aspects of organization establishment, relief scope, subject qualification, relief procedure, relief decision and common strength, and put forward the effective solution measure and relevant legislation suggestion aiming to these predicaments, provide the theory reference for the development and perfection of the environmental administrative relief system of our country.