On The Administrative Order Relief Of Ecological Environment Damage

In recent years,with the aggravation of ecological environment problems,the protection of ecological environment has been put on the agenda.In view of different environmental problems,the relief measures we have taken in the past mainly include the compensation system for ecological environment damage and public interest litigation.The relief means in the field of administrative law mainly rely on administrative punishment,administrative coercion and other means,while the relief way of administrative order has been ignored by everyone.Environmental administrative order is the subordinate concept of administrative order.The document that formally confirms administrative order in our country is the notice of the Supreme People's Court on regulating the cause of administrative cases,which takes administrative order as an administrative behavior type in parallel with administrative punishment,administrative compulsion,administrative adjudication,etc.At the same time,the specific forms of administrative orders are listed in the measures for environmental administrative punishment.However,although administrative order has been regarded as one of the types of specific administrative acts,there are still more or less problems in practice,such as unclear boundary with other administrative acts,vague application of law and other problems.Due to the lack of legal documents,the court also has problems that can not be relied on.In order to solve these problems in practice,the author I hope that this article can explain the basic theory of administrative order relief,solve the problems in practice with the current law,and give some suggestions to improve the administrative order relief,which is a new way of ecological environment damage relief.This paper is divided into three parts.The first part explains the basic concept of administrative order,describes the basic theory of administrative order from the perspective of concept and characteristics,highlights the concept and characteristics of administrative order relief,and has the function of preventing and stopping loss in time from the procedure,the advantage of relief effectiveness in content and the educational function of administrative counterpart in subject The necessity of administrative order relief is interpreted from three significant angles.Finally,the main ways of ecological environment damage relief in China are analyzed and summarized,and its advantages and limitations are obtained,and compared with administrative order relief,which paves the way for the following.The second part mainly expounds the current situation of legislation and practice of administrative order relief at home and abroad.In the current legislative situation,the current administrative order relief of ecological environment damage is divided into two types: order correction type and elimination of environmental damage result type.In practice,through consulting the relevant content of the referee document network,this paper summarizes the practice.By summing up the current situation of the administrative order relief of ecological environment damage mentioned above,four problems are concluded: the administrative order relief does not form a linkage mechanism with other relief methods,the application of the order type administrative order law is vague,the scope of authority of the environmental administrative order is not clear,and the relief way of the administrative counterpart is lack.In the third part,the author puts forward some suggestions on the above four issues from the following four aspects: using the joint relief mode of administrative order relief and judicial relief,standardizing the legal application of order type administrative order,clarifying the scope of authority of environmental administrative order and improving the relief ways of administrative counterpart.Under each suggestion,the author carries out two three-level headings to explain and improve the suggestions Description,to promote the administrative order relief can be better integrated into the ecological environment damage relief system.