The Legislative Framework Of Voluntary Environmental Agreement Administrative Law Direction

The research object of this paper is the voluntary environmental agreement between companies and government departments, which is defined as:business and government (local, provincial or national government departments) make to solve environmental problems negotiation promise or agreement. In the final stage of negotiation, enterprises and government departments to sign a voluntary agreement or letter of intent, the voluntary agreement or letter of intent usually includes the enterprise to achieve environmental objectives and achieve the objectives of the schedule. Therefore, voluntary agreements in both for the enterprise to achieve the goal of energy efficiency provides a flexible method for government departments, according to the development of science and technology and the establishment of the specific situation of each enterprise and the adjustment of energy efficiency targets provides the possibility of.From twentieth Century since70time, voluntary environmental agreement management has always been an important part of the European environmental policy, to the90’s has been widely used, now has developed into a complete and sound environmental management system, and introduced the relevant laws and regulations. Our history of voluntary environmental agreement the history and China’s environmental protection and governance is synchronous, and experience in the breeding period, after germination period and development period in the legislative field has constructed the legal system of environmental protection has China characteristics. The voluntary environmental agreement management means has already formed a set of government led, a relatively complete system of all enterprises and organizations to actively response. But because China’s voluntary environmental agreement mode is still in the development stage, and the complete system of the western developed countries there are still a considerable gap. Because our country has no national level administrative legislation, on the premise and background, in order to better regulate voluntary environmental agreements, fill the blank of this field of administrative legislation, special measures timely introduction of voluntary environmental agreement is necessary and timely, discuss the framework of relevant laws to establish is due move.The voluntary environmental agreement of our government as the main body of the role is to play a decisive role, coupled with the existing system, the leading role played by the government, so the laws and regulations of administrative law are the state agency agreement for the main body of the regulation effect of the whole the legal system of the most direct and obvious to the. Administrative law belongs to public law, the administrative organs shall organize and authority, and the provisions of the administrative relative person under the specific administrative act of administrative remedy hurt. According to the modern national fundamental requirements for the rule of law, administrative power should be limited in a reasonable range, the administrative law is to restrict the administrative power is the core of the law. However, in the modern social and economic life. The emergence of a large number of "market failure" phenomenon, the administrative intervention becomes necessary, then there is to the administrative organ must management authority of the law, as the law of environmental protection, authority and responsibility to a large number of items to the administrative organ for environmental management, environmental protection. Therefore, the legislative framework we will be voluntary environmental agreement, first into the direction and scope of administration law for discussion with the necessity, practicality and feasibility.According to the traditional theory, constructs the legislation framework of internal structure generally includes construction and legislation system is composed of two parts. Accordingly, build the legislative framework voluntary environmental agreement also includes the direction of administrative law legislation system construction of internal structure and method. Talking about the concept of legislative system, it relates to the related concept of legal system and is often used by people. The legal system and the legislation system is different between the two fan zhi. The concept of legal system in law circles of our country have common views, it refers to all the existing legal norms unity classification combination for the legal department and the formation of the organic connection. And law system refers to the various legal documents enacted by the legislature (including the constitution, the basic law, laws, regulations and other legal forms) system." From the vertical structure, the national legislation system with hierarchical structure issued normative documents are consistent, from the horizontal structure, the legislation system is different from the legal department of the normative legal documents.Accordingly, voluntary environmental agreement legislation system construction can also be from the longitudinal and transverse asked in two aspects, the principle construction standard system composed of voluntary environmental agreement basic internal structure. Because of China’s voluntary environmental agreement is still in the stage of development, to explore the construction of the whole legal system conditions are not ripe. But, as mentioned before, the laws and regulations of administrative law is the most has the necessity, practicality and feasibility. Therefore, this paper combines the case of foreign legislation and the existing system of legislation in our country, from the subject of voluntary environmental agreement and content, the legislative framework in the direction of administrative law regulation of voluntary environmental agreements in the special administrative measures and environmental basic law, and then supplemented with other administrative law legislation are discussed, such as the law on administrative punishments and of the procedural law regulation.This paper uses the research methods of induction, deduction and comparison in the creation process. This paper on the basis of laws and regulations, voluntary environmental agreement on the foreign mature, combined with the reality of Chinese, concentrated mainly has summarized the legislative framework of the protocol in the administrative law, and puts forward the framework of administrative legislation is a relatively complete set of voluntary environmental agreement, a proposal is put forward in order to improve the environmental protection policy of China later.