On The Interview System Of Environmental Administration

Environmental administrative interviews are non-command types of environmental supervision,because of its negotiating,soft,and efficient characteristics,it has been recognized by various departments in environmental administrative law enforcement.The environmental administrative interviews on innovative regulatory models have broken the rigid regulatory model of the past,which not only conforms to the modern public management approach,but also meets the requirements of today's flexible administrative behavior.Although environmental administrative interviews have been widely used in practice and have achieved certain results,due to the lack of basic theories,the vague concept positioning,and no specific legal basis for support,etc.,The scope of environmental administrative interviews is different,the level of effectiveness is low,and alienation occurs.There are flaws in the objects,supervision and relief mechanisms of environmental administrative interviews.In this regard,this paper will use the comparative analysis method,the literature analysis method and the inductive analysis method to systematically discuss the environmental administrative interview system.First,a basic explanation of the environmental administrative interview system.Clarify the connotation of the environmental administrative interview system,interview the object,analyze its legal attributes and theoretical structure,and lay the foundation for the full text development.Through the analysis of the interview object of the environmental administrative interview system,it is summarized into the internal interview mode,the external interview mode and the mixed interview mode.As for the legal attribute of the environmental administrative interview system,it is regarded as a kind of quasi-administrative guiding behavior.It is a new type of environmental law enforcement method created by China in the construction of service-oriented government according to the needs of practical life.The theoretical basis of the environmental administrative interview system is mainly composed of the soft law theory,the public participation theory and the balance theory of administrative law.Secondly,it sorts out and analyzes the normative documents of environmental administrative interviews promulgated by local governments to conduct a concrete exploration of the actual situation of environmental administrative interviews.Through the analysis of the 43 environmental administrative interview systems of various provinces and cities and the rectification after the interview in Linyi City,Shandong Province,the operational effectiveness of the environmental administrative interview system was analyzed.According to the study of the actual operational status of the environmental administrative contract system,it is found that the current problems in the environmental administrative interview system mainly manifest in three aspects: First,in the upper law,the environmental administrative interview system has legal vacancies and various levels.The environmental administrative interview system formulated by the government is uneven.Second,the object of interviews in China's environmental administrative interview system is only government leaders,corporate leaders and mixed models,and lack of public participation,which may lead to administrative inaction or abuse of administrative power.Third,with the excessive use of the environmental administrative interview system,the environmental administrative interview system is gradually being alienated in the absence of corresponding supervision,and the administrative counterparts' remedies for rights violations are narrow.Finally,by improving the legislative level of the environmental administrative interview system,expanding the interviewers,strengthening public participation,and establishing supervision and relief channels to improve China's environmental administrative interview system,the environmental administrative interview system will run on the track of the rule of law.It is getting better and better.