Research On The Rule Of Law In The Environmental Administrative Interview Mechanism

In recent years,China's environmental problems have become more severe.On the one hand,the administrative organs must implement environmental governance and protection responsibility;on the other hand,keep the economic development and social employment.Which puts forward new challenges and requirements to the environment administration law enforcement.In this regard,the United States "cooperation" law enforcement mode,pay attention to the administrative organ and the relative person between the "dialogue" and "exchange";Japan's "alternative prior administrative guidance" distinguish the illegal behavior of different circumstances,not only reducing the enforcement resistance,but also improving the administrative efficiency.With the transformation of the traditional compulsory administrative law enforcement to the modern public governance,the government pays more attention to negotiation in social governance,participation and cooperation.Environmental administrative interviews mechanism is a kind of institution invite conversation from administration to administrative counterpart,within the scope of environmental protection.In nature,it fits the theory of administrative guidance and administrative contract,but we should be aware of its coercive tendency.The theoretical basis of environmental administrative interviews mechanism includes: the risk in the risk society is unpredictable,diverse and abstract,and the administrative body needs to adopting more extensive and flexible measures to preventingt risks and ensure safety;The theory of soft law protect civil liberties in the foundation of social justice and order,and attempting individual and public interests is equally important;The modern administrative law require a kind of balance about administrative power and civil rights,public interests and personal interests balance,advocating more emphasis on the protection of relative rights.In our country,the environmental administrative mechanism is a new type of interviews with the local environmental protection departments to actively implement the environmental regulation.However,it is not as independent administrative behavior,only attaching the unofficial behavior.Mainly exists in the department regulations,local government regulations,and each place are uneven levels each place for interviews.The subject,object,mode,scope,procedure,effect of the provisions are not the same.Chinese Environmental Administrative interviewsmechanism has its theoretical foundation weakness,the concept of fuzzy positioning,legal basis and with other mechanisms such as lack of poor convergence.Therefore,the law should also be targeted to promote the organic combination of environmental protection and the theory of administrative interviews,interviews with clear environmental administrative concept,and gradually perfect the legal basis for environmental administrative interviews,interviews and strengthen the environmental administrative relief mechanism of cohesion.