Research On Blacklist System For Environmental Protection

In recent years,as an innovative way of administrative supervision,blacklist system has played a key role in some areas related to people's livelihood,such as food safety blacklist,drug safety blacklist,transportation blacklist,financial credit blacklist and so on.The establishment of the blacklist has aroused heated debate,especially in the field of environmental protection.The blacklist system has been mentioned repeatedly in a series of documents issued by the state council.For example,the notice of the general office of the state council on strengthening environmental supervision and law enforcement mentioned that an environmental credit evaluation system should be established,and environmental illegal enterprises should be listed on the "blacklist" and made public to the public,and their environmental illegal and dishonest behaviors should be included in the social credit system,so as to make them restricted everywhere once break the law.However,the relevant provisions on the blacklist system of environmental protection in China are not perfect,and there is no unified provision on the blacklist system of environmental protection,including the definition of its concept,nature and procedure.Under such circumstances,the hasty implementation of the blacklist system for environmental protection may not only infringe upon the legitimate rights and interests of citizens,but also damage the credibility of administrative organs.Therefore,there is still a lot of room to improve the blacklist system of environmental protection.This paper studies the blacklist system of environmental protection from the perspective of administrative law by combining relevant theoretical knowledge.The first part expounds the research background,significance,summary,methods and innovation points.The second part of the paper studies the theoretical problems of the environmental protection blacklist system.Firstly,introduces the concept and development of blacklist system,and then gives definition of the environmental protection blacklist,and distinguishes the nature of the environmental protection blacklist with a variety of administrative acts which is helpful to better study the relevant theories of the environmental protection blacklist system.At the same time,this paper analyzes the legitimacy of the existence of the blacklist system of environmental protection from four aspects: guaranteeing the realization of the public's right to know,strengthening the implementation of enterprises' environmental responsibility,promoting the innovation of government supervision forms,and accelerating the construction of social credit system.The third part of the paper introduces the legislation and practice of the blacklist system of environmental protection in China,and summarizes the current problems of the blacklist system of environmental protection,including the lack of legal basis,inconsistent listing conditions,irregular procedures and imperfect relief system.In the fourth part of the paper,based on the problems and experiences at the present stage summarized above,and in accordance with the basic principles of administrative law,puts forward some Suggestions on improving the blacklist system of environmental protection from four aspects: law formulation,condition inclusion,procedure specification and remedy system.This paper hopes to establish and perfect the blacklist system of environmental protection in China from the above aspects and make it run efficiently to achieve the purpose of effective administrative supervision.