Study On The Administrative Guidance System Of The Environmental Legal System

Society is constantly towards progress and civilization, but in the process of civilization, along with many other problems, environmental pollution and destruction is one of the very important issue. With the continuous development of society and the rapid progress of science and technology, the speed of human damage to the environment is more and more rapidly affected by the increasingly wide range of deeper and deeper extent of the damage. The human is not only caused a lot of waste of natural resources in production and construction, or the daily lives of emissions, waste water, waste, radioactive material, still in development and utilization activities. These enable the environment to the rapid deterioration in a serious impact on human health and safety. In this regard, the world began to shift from emphasis on economic construction to economic development and environmental protection on the equal importance, which requires legal protection. Traditional environmental protection environmental administrative authorities to implement a mandatory administrative means, to force people to do in accordance with government decisions and regulations, does play a certain effect, but its drawbacks and the negative impact of more and more to show it. Due to rely on the control of government and environmental administrative authorities, is the status of the subject of rights, the administrative counterpart can only passively accept, in the position of the main obligations. Mainly rely on the unconditional obedience of the government’s absolute power and the executive relative to administrative purposes, it is easy to make the administrative counterpart feel that the interests of the individuals in society are deprived of and limitations, resulting in exclusion to environmental administration to force the run to the lack of a broad mass base and social identity. Faced with problems of the increasing complexity of environmental issues and mandatory environmental administration, environmental administrative guidance of this new non-mandatory administrative means.Administrative guidance tools into the field of environmental administration, in line with the rule of law in the process of development, can make up for the lack of mandatory administrative. Environmental administrative guidance focuses on public participation and consultation, to take the interests of the induction mechanism, encourage, support, incentives, etc. that the opposite party to accept guidance, effective communication environment, the executive and the relative relationship between the prestige of the government to becomean important means of environmental protection. China’s environmental and administrative guidance system has played a big role, but there are still some problems, such as the theoretical research is relatively weak, the legal system is still not perfect, legal systems have some shortcomings. Therefore, we start from the basic theory of the environmental administrative guidance leads to the concept of environmental administrative guidance system, the nature and characteristics, combined with foreign advanced practical experience, to explore the status and defects of the environment of the practice of administrative guidance system in our country, to propose solutionsand relief programs, and improve China’s environmental and administrative guidance system system.The full text is divided into five parts:The first part is an overview of basic issues of environmental issues and environmental administration.This chapter, starting from the generation and characteristics of environmental problems, leads to the importance of environmental administration, the main form, as well as drawbacks by means of the traditional mandatory environmental administration, pointed out that the environmental administrative guidance has become an essential in today’s Environmental Protectionenvironmental administration means.The second part is an overview of the basic problems of environmental administrative guidance.This chapter of administrative guidance as a starting point, the concept of administrative guidance, the characteristics are described by introducing the relationship between administrative guidance and environmental administrative guidance, and contrasting environment of administrative guidance and mandatory environmental administration means show the environmental advantages of administrative guidanceout.Environmental administrative guidance as an administrative fact that behavior, there is a lot of flexibility, performance are also diverse, including advice, suggestions, encouragement, incentives these some of China’s environmental laws that already exist in some of China’s need to learn from.The third part is the status of the legal system of foreign environmental administrative guidance.This section describes the environmental administrative guidance system of legislative experience in Japan, the United States, Canada and the United Kingdom and other countries and China to improve the environmental administrative guidance system to its revelation.Japanese penetration in the "Noise Control Act" and "Atmospheric Pollution Prevention Act, the law regarded environmental administrative guidance system which has a very significant results, the administrative guidance of the application environment in the world the earliest and most successful country. Government of Canada pay more attention to environmental protection, public participation mechanisms and prior defense mechanisms, and provisions for providing false information to the relative interests, the environment minister should be held responsible if it constitutes a crime also punishable by penalties and fines, whichare more advanced requirements is to improve the environmental administrative guidance mechanism needs to draw.The fourth part is the status of China’s environmental administrative guidance system defects.The rise in China as a new means of environmental administration, environmental administrative guidance, and flexible means of a variety of ways in China’s environmental administration in a lot of use.Environmental administrative guidance system also has some shortcomings, such as transparency, lack of public participation, weak legal basis for the lack of necessary relief system.The fifth part is the improvement of the legal system of China’s environmental administrative guidance. The author proposesthe establishment of environmental administrative system of information disclosure and public participation mechanism, improve hearing, inform the construction procedure and administrative litigation,administrative reconsideration,administrative compensation and compensation relief system.