Administrative Superiority Regulation In Environmental Protection Administrative Agreement

Building an ecological civilization is a long-term plan that concerns the well-being of the people and the future of the nation.The 18 th National Congress of the Communist Party pointed out that we should cherish nature more consciously,protect the ecological environment more actively,and strive to move toward a new era of socialist ecological civilization.The environmental problems are characterized by complexity and long-term nature.The traditional environmental governance model can not meet the current needs of environmental protection.The environmental protection administrative agreement has been used more and more widely because of its soft and flexible characteristics,and achieved a certain effect.However,compared with the degree of environmental pollution and damage in recent years,the effectiveness of the environmental protection administrative agreement is still very weak.Environmental protection administrative agreements have special characteristics different from other administrative agreements,and environmental cooperation management should be carried out according to the characteristics of environmental protection administrative agreements.At present,the allocation of powers and obligations between the two parties in this system ignores these unique characteristics,especially in the characteristics of environmental protection administrative agreements with incentives as the core.The allocation of administrative superiority is fully applicable to the standards of the overall administrative agreement.Some administrative subjects abuse their administrative superiority,which damages the legitimate rights and interests of the opposing parties,greatly reduces the enthusiasm and initiative of the parties to the agreement,Affecting the effectiveness of environmental protection administrative agreements to protect the environmentThe main body of this paper is divided into four parts: The first part firstly defines the environmental protection administrative agreement from the concept name,subject and category,and sorts out the introduction of environmental administrative agreement in environmental administration.Secondly,Answering the question of whether the administrative superiority right in the environmental protection administrative agreement is indispensable,and pointed out that the content ofadministrative superiority mainly includes three aspects: supervise the agreement,refrain from performing or not fully performing the agreement,and unilateral change or cancellation the agreement.On the basis of the speciality of the environmental protection administrative agreement and the other administrative agreements,the technical relevance and incentives,strong public welfare and the protection of the relative interests,limitation of the administrative subject as the best judge of the public interest,The nature of the administrative agreement considers the necessity of the administrative preferential rights regulation of the environmental protection administrative agreement.The second part points out the main problems of the administrative superiority in China’s environmental protection administrative agreement by analyzes the collection of laws,regulations and practical cases: Firstly,the legislation is imperfect.There is no uniform legal provision for administrative superiority,and the environmental protection administrative agreements signed in practice all involve the content of administrative superiority,leading to a series of problems;secondly,the practice overemphasizes the administrative superiority and neglects the incentive mechanism.Administrative subjects enjoy excessive administrative superiority and administrative counterparts are subject to more obligations Compare with other administrative agreements,and it has more obligations than the other administrative agreements.It is also common for the administrative subject to abuse the administrative superiority.,mainly manifested in two aspects: The First is,the administrative subject abuses the administrative superiority,resulting in damage to the opposite party of the agreement.The second is,the administrative illegal,does not actively exercise the right to benefit;the last is the lack of procedural regulation of administrative superiority.At present,there are very few procedural regulations on the exercise of the administrative superiority in the administrative agreement of the upper concept in our legislation,let alone the environmental protection administrative agreement.The third part innovatively points out the concept of perfecting the administrative superiority in the environmental protection administrative agreement.Firstly,it introduces the theoretical basis of the administrative law restriction and incentive mechanism;secondly,it points out that the environmental protection administrative agreement is an incentive supervision;finally,Finally,it is pointed out that the exercise of the administrative superiority in the environmental protectionadministrative agreement must be implement the concept of restricting compatibility with incentives.The fourth part puts forward the regulation of administrative superiority from four aspects.The first is to improving the legislation.Under the condition that the legal conditions of the special environmental administrative agreement are not mature,retreat to the next step by the environmental protection department to develop environmental management agreement departmental rules to solve the urgent need.The second is to determining the environmental public interest identification rules and judicial review rules,protecting the public interest while protecting the relative interests of the individual.The third is to strengthening the procedural control of the exercise of administrative superiority,to achieve the desired and clarified at the stage of agreement.And fourth,restricting administrative superiority with the rights of relatives.strengthening the system of notification,explanation,hearing and so on.