Research On The Administrative Permitted Hearing System Of Environmental Protection In China

Since 1996, our country environment incidence of mass incidents have been close to the average growth of 30%, the high growth rate is the main reason why the decision of government is lack of openness, environmental information disclosure system is not perfect, for this, in 2004, the state environmental protection administration issued the "interim measures for the environmental protection administrative permission hearing", the measures give the opportunities for citizen to participation in administrative permission hearing, to a certain degree, improve the transparency of the hearing. But also exposed some malpractices, mainly embodies in for the study of the theory of the environmental administrative permission hearing system is not enough and in the hearing activity in a lack of effective supervision, these problems seriously influence the hearing of the impartiality and rationality, and thus makes the public hearing refuses, doubting the hearing value, cause instability. So, the problem of environmental administrative permission hearing activities should be worthy of our attention. In this paper, we study the purpose is to find the problems existing in the environmental administrative permission hearing and puts forward the solutions to solve the problem, improve the transparency of environmental administrative permission hearing, according to law which promote the environmental administrative organs perform their duties, perfect supervision mechanism and protection to citizen’s right to know and participate, protect the citizen’s legitimate rights and interests, and reduce the environmental dispute, promoting stability and harmony of the society.This article will take the matter from the concept and characteristics of environmental administrative permission hearing system, focus on analysis and comparison of traditional administrative permission hearing system and the different between environmental administrative permission hearing system, and through the "interim measures for the environmental protection administrative permission hearing", the latest reading of the environmental law, and should use overseas legislation experience for reference, from the theoretical level to explore the value of the environmental administrative permission hearing system, at the same time, the established players, hearing procedure and specific rules of supervision and relief, and a series of comprehensive and complete, as the frame of whole paper. Finally, inthe environmental protection administrative permission hearing system of our country, on the basis of the theory and practice research, from the concept of specific rules and improve the system of the ideas and Suggestions are put forward.