Administrative Law System In Regional Restrictions

Limited approval on regional new projects was the most remarkable measure by the Ministry of Environmental Protection in the 3rd the Storm of Environmental Impact Assessment. When it began in a blaze of glory, and now has been passed into silence, what has happened to the measure in hell? What extent has developed to for the theory and practice of the measure? In view of there being not systematic and comprehensive research in scholarly circles about it ,let alone research from the perspective of Administrative Law, the author gathers a majority of bibliographies related, trying to discuss the legal nature of the measure profoundly, which maybe useful for later researchers. This paper includes four sections, with an emphasis on defining the conception and characteristic of the limited approval on regional new projects, and analyzing its legal nature standardly.Firstly, the research background and former related documents have been summarized, in which the system background of limited approval on regional new projects has been clarified by the analysis of the current situation and problems of the arrangement of the departments of environmental supervision and management, the distribution and the operating of the right of supervision and management. Moreover, a conclusion has been formed from the practical effect of the measure, which is the fundamental reason-- the improper system results in the poor effect of environmental protection law. The un-clear relationship between local government and the benefit of pollution enterprises, and the environment department in the charge of local government in human resources and finance, lead to the situation that the pollution enterprises do not pay attention to the environment department, which means the weakness of law enforcement. Thereafter, the paper discussed the application range, condition and results of the measure, and its characters, which are even taking punitive, high administrative, both emphasis on pre and post supervision, both possessing the command and guidance.Secondly, the legal nature of limited approval on regional new projects is analyzed. From the summary of the several main viewpoints ,it is clearly found that the limited approval on regional new projects is neither the administrative punishment and the administrative enforcement in specific administrative act, nor the purely administrative measures outside the legal act, but rather the abstractly administrative action carried by administrative departments ,which is a set of regulatory documents in accordance with the related laws ,and is non-actionable .Then, the problem of the measure confronting in legitimacy and rationality is discussed. Although, the measure was legally prescribed by The Law of the People's Republic of China on Prevention and Control of Water Pollution, its period, procedures and methods were not clearly stated correspondingly, neither was its concrete reliving actions. Therefore the measure is only the maximum application of administrative means in law scope, easily harmful to the legitimate interests of the related third parties. Accordingly, the measure will not last long time because it does not meet the concept of controlling power and the principle of proportionality in administrative law. In the end, the relationship between the limited approval and other relative systems are demonstrated, especially with the system of overall responsibility for local government. Both of them are the outgrowth of immature market economy, incomplete legal government, and need-reform administrative system, will improve with these factors and quit the historical stage eventually.