On The Initiative Of Environmental Administrative Licensing Hearing System In China: Problems And Solutions

In recent years, China’s environmental group incidents continue to increase.The reason is the lack of openness and transparency of administrative decisionsmade by the executive, especially when it comes to major environmental projects orspecial planning project approval. In view of this, in order to improve thetransparency of the administrative license through a hearing, in2004the formerState Environmental Protection Administration issued “The Interim Measures for theAdministrative License Hearings Environmental Protection”(General Order No.22)(hereinafter referred to as “The Interim Measures Hearing”). After years of practice,“Interim Measures for the hearing” has provided the citizens the opportunity toparticipate in the administration, to some extent, which ensures the right toinformation and participation of citizens. However, there are many problems inpractice, mainly involving administrative licensing environment of the system’sactive hearing problems. These problems seriously affect the fairness of the hearingwith the active participation of the public, make the public doubt the value ofhearings and have a feeling of resentment on the environmental permit made by theexecutive, and even cause large-scale mass incidents outbreaks. Thus, theenvironment initiative of administrative license hearing should be worthy of ourattention. The purpose of this paper is to improve the present situation of China’senvironmental initiative administrative license hearing, increase the transparency ofmajor environmental permit, promote environmental administrative authorities toperform duties in accordance with laws, protect the right to information andparticipation of citizens, safeguard the legitimate rights and interests of citizens,reduce environmental disputes, and promote social harmony.In this paper, under the background of China’s relevant laws and regulationsand rules and relevant cases of hearings, the research methods include value analysis,comparative analysis and empirical analysis. Firstly, to make the analysis ofadministrative license hearings active environmental problems and the exploration ofthe reasons behind them; secondly, to learn from the experience at home and abroad for improving our regulations and measures; last but not least, to demonstrate themeasures to improve their practicability.In addition to the introduction and the conclusion, this paper consists of thefollowing three parts: The first part is an overview of the environment initiative ofadministrative license hearing system. In order to make the analysis and proposecountermeasures, it is a must to clarify the concept of the environment initiative ofadministrative license hearing, rationalize its legal relationship, and find itscharacteristics and significance. The second part is the problem analysis of theenvironment initiative of administrative license hearing system, including relevantlaws and regulations problems in specific cases. Then it is to find out many details ininitiative of environmental administrative licensing hearing system problems, suchas the organization of the hearing, the hearing discretion, the hearing participatingsubjects, hearing procedures and oversight hearing. Based on the analysis in thesecond part, the third part provides targeted improvement measures to the specificissues,This can ensure that these measures reflect procedural fairness andadministrative efficiency.