The Study On Environmental Administrative Accountability Procedure In China

Administrative accountability system is an important performance and outstanding achievement of our country 's strategy of governing the country according to law.As an important part of the administrative accountability system,the administrative system of environmental administration is the concrete manifestation of the requirement of "establishing a perfect legal system" according to law,and also a positive response to the practical needs of the legal superstructure.The procedure is one of the important constituent elements of the legal system.Therefore,it is necessary to study the environmental administrative accountability system and study the environmental administrative accountability system.At present,the procedural design of China's environmental administrative accountability system is still in its infancy,there are many defects in the system,many procedural rules are either in the legal state,and the legal level is low,can not meet the practical needs of environmental administrative accountability.This paper will discuss the problems of environmental administrative accountability in China from two aspects of theory and practice.On the basis of combing the existing problems and the existing problems in our country,this paper draws lessons from the mature experiences of typical countries in this field,And tries to make reasonable suggestions on the perfection of environmental administrative accountability procedures in China.This paper consists of five parts:The first part of this article summarizes the relevant system of environmental administrative accountability procedures.By enumerating the commonality method,firstly,the connotation of environmental administrative accountability system is explored,and it is found that environmental administrative accountability procedure is an important constituent element of environmental administrative accountability system The Secondly,the environmental administrative accountability procedure and the administrative accountability procedure are compared to further define the connotation and extension of the environmental administrative accountability procedure.Finally,it discusses the three theoretical bases of the environmental administrative accountability procedure,that is,the theory of environmental public trust,the theory of environmental rights and interests,and the theory of legal process.The second part of this paper analyzes the current situation of legislation on environmental administrative accountability in China.Combing the laws,administrative regulations,local government regulations and other regulatory documents on the administrative accountability procedures and environmental administrative accountability procedures for the subsequent study to lay a certain foundation.The third part of this paper focuses on the current problems in the practice of environmental administrative accountability in China.Through the analysis of the present situation and practice of the legislation,it is found that the prerequisite of the administrative procedure in China is vague,and the subject and the survey object Uncertainty,accountability The main body determines the responsibility of the object when there is environmental administrative accountability results of abnormal distortion,relief means a single existence of relief problems.The fourth part of this paper explores the legislative norms and practical experiences of environmental typical administrative procedures in the typical countries abroad,which can be used for reference and clarify the reasons.This paper collects,collates and analyzes the legislation of environmental administrative accountability procedure in typical countries abroad,and studies its application and popularization process.This paper finds that the process of environmental administrative accountability in typical countries abroad has certain superiority in legislation and practice,which is manifested in the clarity of the subject of accountability,the clarity of the object of accountability,the uniformity of the accountability standard,the relief system And so on.In the fifth part of this article,on the basis of combing the above problems,the author puts forward some suggestions on the perfection of environmental administrative accountability procedure in China.In order to solve the problem that the prerequisite condition of the administrative procedure in our country is ambiguous,we should broaden the scope of the application of environmental administrative accountability procedures.In order to overcome the problem of unclear investigation of the subject and the object of investigation in our environmental administrative accountability procedure,we need to unify the environmental administrative accountability procedure in order to overcome the problem of the accountability of the subject in the environmental administrative accountability procedure.Accountability standards;in order to overcome China's environmental administrative accountability procedures exist in the relief of a single problem,we need to improve the relief system.