On The Perfection Of China’s Environmental Administrative Compensation System

Environmental administrative compensation is a special damage to the legitimate rights and interests of a particular citizen,legal person or other social organization.This special damage is caused by the administrative exercise of the administrative act as a prerequisite for the protection of the environment by the administrative subject.Environmental administrative compensation system in addition to the characteristics of the general administrative compensation system,because it involves environmental benefits,so the system itself is also special.It is an important part of the perfection of the administrative compensation system,which is of great significance to regulate the environmental management behavior of the administrative organs and guarantee the legitimate rights and interests of citizens.With the continuous development of economic society,people have created a huge material wealth but also on the environmental benefits caused great damage.How to balance the protection of the environment and the protection of the legitimate rights and interests of citizens in the exercise of administrative action,the study of environmental administrative compensation system has become the meaning of the title.This paper starts from the general theory of environmental administrative compensation and points out its particularity.Through the analysis and practice analysis of the existing relevant system,this paper points out the existing problems of the system and uses the comparative method to analyze the relevant experiences of the system.The existing problems of environmental administrative compensation system,and put forward some suggestions and countermeasures to improve the related system.At the legislative level,the relevant provisions of environmental administrative compensation are fragmented and fragmentation,and the relevant concepts such as compensation subject,scope,standard,procedure and relief are ambiguous.The unequal laws stipulate that the abuse of administrative power in practice and the legitimate rights and interests Of the unprotected phenomenon has occurred.In addition to the general principles of environmental administrative compensation,at the legislative level,special principles such as the principles of green,sustainable principles and environmental coordination should be stipulated in the light of legislation and practice.In addition,in the specific scope,the specific matter of the detailed provisions by the environmental administrative compensation law.In the improvement of the system put forward the establishment of environmental administrative compensation fund to protect the source of compensation,the establishment of assessment agencies to use the interest measurement method and the assessment of the ecological environment to ensure the fair operation of the system,fair and sound compensation procedures to ensure the smooth progress of the system.