The Research On Environmental Administrative Action

Environmental administrative guidance is a new environmental management tool, which overcomes the traditional means of mandatory environmental administration of insufficient rigor, and conforms to the trend of the democratic development of the times.Now, in the face of eco-environment problems that cannot be neglected, environmental administrative guidance must take responsibility for environmental protection.Environmental administrative guidance of environmental administrative body, within its mandate, for the purposes of environmental administration, using induced by non-mandatory, measures, in consent of the parties, or made with the assistance of, does not have the direct force of administrative act.Research for this article was to address environmental problems in the administrative instruction on the theory and practice, through carding of related knowledge on environmental administrative guidance, to comprehensively understand and correctly understanding environmental administrative guidance in the environmental advantages of administrative management of non-mandatory measures in environmental protection and the role effectively, help to achieve the intended purpose of environmental protection.lt is of great significance in the research. This article is divided into four sections.Part I overview of environmental administrative guidanceThis section starts with the administrative instruction, environmental administrative guidance concept, characteristics of environmental guidance, and features discussion on theoretical basis of environmental administrative guidance. For the Foundation are discussed below.Scholars on "environment Administrative Guide" has different of explained, world on environment administrative guide has different of explained, this clear environment administrative guide of features and function, interpretation has citizens environment right Constitution protection of meaning, came "environment administrative guide is environment administrative main, in its terms range within, for implementation environment administration of purpose, using non-mandatory, and induced sexual means, in get relative party of agreed or assist Xia and made of, does not has directly forced force of administrative behavior" of conclusions.Part II analysis on necessity of environmental administrative guidanceStarting from administrative guidance to complement the role of the traditional administration, prior management and the prevention of environmental protection concept of similarity, to induce the public to actively participate in environmental protection, promoting democracy-building, analysis of the need for environmental administrative guidance in the present day.Part III introduction to current situation of environmental administrative guidanceThis section in a comparative perspective, describes the status of environmental administrative guidance apply abroad, and expounded China’s environmental status quo of application of administrative guidance, and analysis of inadequate use of environmental administrative guidance in China.Part IV on environmental supervision and regulation of administrative guidanceThis section from the right of discretion, regulations, the establishment of monitoring mechanisms and remedies discussed four aspects.In the absence of an effective mechanism in environmental administrative activities, has powers of organization or individual will be very easy to abuse of power. Environmental administrative guidance on the surface do not have legal force, but the Executive may take other covert means, giving it de facto enforceable, to the detriment of human rights.Legal remedies are essential, in environmental administrative guidance in the process, administrative relative person considers that his legitimate rights and interests of damage due to environmental responsibility of the Executive, through the administrative review, administrative litigation, the compensation and executive compensation for relief.This environmental administrative guidance of qualitative implementation of administrative body for the environment does not have the direct force of administrative act.By on environment administrative guide of concept, and nature, and function, also has environment nature guide supervision mechanism, and environment administrative guide relief, of analysis demonstration, think using environment administrative guide of Administration way has very active significance, but in China using of history comparison short, about legislative and practice are to be upgrade and perfect, face in practice in the exists of some difficult of problem, as administrative guide has facts mandatory, and lack relief responsibility mechanism,, related measures and system of perfect on is is particularly important.