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Discussion On The Law Enforcement Of Ecoenvironmental Protection To Order Correction

Posted on:2021-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2381330620963788Subject:Law
Abstract/Summary:PDF Full Text Request
The term "order to correct" is both familiar and unfamiliar to most legal practitioners.If familiar,on the one hand,because they shall be ordered to correct is taxation,industry and commerce,health department,state environmental protection department and other common administrative organs to exercise its specific administrative functions of many an indispensable means,on the other hand because it is also widely involved in science education,economy,culture,style all aspects of health and other many areas,and these aspects are equal in many people's life,and even interests closely related.If we say,strange,the main reason is that the traditional law of related areas rarely pay attention to this part,for they shall be ordered to correct the research of the administrative action time late,until after 1980,they shall be ordered to correct the administrative behavior is only few domestic scholars attention,lead to the involved in a lot of books related to administrative law few content.Up to now,the study and expansion of the order to correct this administrative act is still relatively rare,even if it is mentioned,there is also an understatement,the content,system confusion,has not reached the relatively mainstream understanding and understanding.The main performance is as follows: 1.The legal nature,specific types,scope of application,procedures of use and existing legal norms of the order to correct this administrative act are still abstract and obscure.Second,the administrative organ in specific law enforcement process,often because of our country about the administrative ACTS shall be ordered to correct the lack of specific legal norms and a more unified,applicable procedural rules,occurs in the administrative action to make a rectification,abuse,or even illegal,unreasonable that the legitimate rights and interests of citizens,legal persons or other organizations by different degree ofdamage.In ecological environment law enforcement,shall be ordered to correct the administrative ACTS as the specific administrative act has been widely used in environmental protection departments at various levels and related basic theory about shall be ordered to correct the administrative behavior also is more,some theory are administrative punishment,some theory is a compulsory administrative measure,and there's the theory of executive orders,suchasthis.However,theexistenceofmanycomplextheoriesmakesitdifficultforadministrat ive counterparts to predict the consequences of their violation of environmental laws and regulations in daily use,and their legal right of relief is not very clear.Therefore,it is extremely important to further analyze the order to correct this administrativeact.There are four chapters in this paper.The first chapter is the introduction,which starts from the background of the topic,the significance of the research,the status quo of domestic research and the research methods,so that we can understand the significance and influence of the research on the order to correct this administrativeact.The second chapter is mainly about the summary of the order to correct this administrative act.From the administrative ACTS shall be ordered to correct,differentiating the concept,characteristics,nature,and further strengthen the relevant personnel to shall be ordered to correct the comprehensive understanding of the administrative action and attention,administrative enforcement measures and other administrative means,analysis shall be ordered to correct the administrative act is a complex,the hybrid nature of administrative action.And the way of case study,mainly through a case to connect the diversity of the above views and theories,specific analysis and judgment.The third chapter is the second chapter describes the current situation of China's ecological environmental protection law enforcement order to correct this administrative act,mainly from the status of legislation,law enforcement status and law enforcement related issues.Fourth chapter in view of the ecological environment protection law enforcement shall be ordered to correct the perfection of the administrative act related advice,a couple should be need to perfect the legislation,standardize law enforcement,improve the law enforcement system,improve the level of law enforcement standardization,including law enforcement system and professional training,to improve the quality of construction,law enforcement personnel shall be decided according to the different situation,discretion to use the specification,how law enforcement to the professional standard,remedy mechanism construction,etc.
Keywords/Search Tags:Iinstruct to correctenvironment Administrative, Environment, Administrative action, Behaviorlegal nature
PDF Full Text Request
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